HomeMy WebLinkAboutCOW 2005-02-14 COMPLETE AGENDA PACKET Tukwila City Council Agenda
Fie 1 COMMITTEE OF THE WHOLE
t
tr y 'N =s Steven M. Mullet, Mayor Councilnembers: Joe Duffie Joan Hernandez
s Rhonda Berry, City Administrator Pam Carter Jim Haggerton
Pamela Linder, Council President Dennis Robertson Dave Fenton
EXECUTIVE SESSION: 6:30 PM; Potential Litigation;
pursuant to RCW 42.30.110(1)(0; (30 minutes)
Monday, February 14, 2005; 7 PM Tukwila City Hall; Council Chambers
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
2. SPECIAL a. Klickitat design; Jim Morrow, Director, Public Works.
PRESENTATIONS Advisory Board update;
b. Library rY
Rick Still, Deputy Director, Parks Recreation.
3. CITIZEN At this time, you are invited to comment on items not included on this
COMMENT agenda. To comment on an item listed on this agenda, please save your
comments until the issue is presented for discussion.
4. SPECIAL ISSUES a. Consultant Agreement with W &H Pacific for 2005 Annual
Overlay and Repair Program.
b. 2005 Neighborhood Drainage Program Consultant Agreement
selection and agreement.
c. Cascade Water Alliance Interlocal Contract.
d. Proposed revisions to Community- Oriented Policing Citizens
Advisory Board (COPCAB) ordinance.
e. Request for new position in fire prevention.
f. Contract for legal services with Kenyon Disend, PLLC.
g. Contract for services with M. J. Durkan, Inc.
h. Contract for services with Ball Janik, LLP.
5. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
I6. MISCELLANEOUS
7. EXECUTIVE SESSION
8. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office 206.433- 18001TDD 206 -248 -2933. This notice is available at www.ci.tukwila.wa.us
and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 05-016 I ORIGINAL AGENDA DATE: FEBRUARY 14, 2005
AGENNDA ITEM TITLE Presentation Klickatat /Southcenter Pkwy /I 5 Access Revision
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
lftg Date 2/14/05 MI Dat AUg Dat. TUg Date tg Date Mg Dot. AUg Dote
SPONSOR Council Mlfayor Adm Secs DCD Finanx Fin Legal Pt t Police PIV I
SPONSOR'S In 2003, a design was selected known as "Modified 3 -B which was a flyover ramp. As
SUMMARY questions arose on constructability, three design consultants were shortlisted to complete a
feasibility and cost benefit analysis and look at other alternatives. A $10,000 stipend was
offered in retum for their proposals. HNTB offered a combination bridge under the northbound
lanes and over the southbound lanes. This option requires less WSDOT approval, less mall land,
and can be constructed in phases. Negotiations are underway with HNTB and the design
agreement will return to Council for approval. This presentation will describe HNTB's proposed
design.
REVIEWED BY COW Mtg. CA&P Cmte FRJS Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm Phonin Comm.
DATE: 1/24/05
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve selection of HNTB as the design team and begin negotiations.
COMMITTEE Forward to COW for discussion
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED CITY FUNDS REQUIRED
$1,000,000 $500,000
Fund Source: 104.02 Commercial Streets (page 42, 2005 CIP)
Comments: Expected Mitigation of $525,000 in 2005.
MTG. DATE 1 RECORD OF COUNCIL ACTION 1
2/14/05 1 1
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1
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MTG. DATE I ATTACHMENTS
1 2/14/05 1 Information Memo dated January 18, 2005 I
1 Consultant's Selection Worksheets 1
1 Transportation Committee Meeting Minutes from January 24, 2005
I
1 1
Il'I~OR1'L\TION I\1El\IO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Direct~
January 18, 2005
Klickitat Desil!ll- Proiect No, 84-RW19
Consultant Selection
ISSUE
Update Mayor and Transportation Committee on the design consultant selection process.
BACKGROUND
In March 2003, the City held a charette with community stakeholders (such as City staff, WSDOT,
Westfield Mall) on the existing and future needs of the KIickitat aCCess area to the Southcenter area.
Using the information found during the charette, City staff and the comultant team working on the
TukwiIa Urban Center plan developed a report on potential solutions for the area's congestion. That
report, Southcenter/Tukwila Urban Center Access Improvement Project: Evaluation of Options Summary
Report, recommended a solution known as "Modified 3-B."
Multiple attempts at securing grant funding were made throughout 2004 but none were successful. At
this point, only S500,000 of City funds is secured for the design of this project, but impact mitigation fees
ITOm the Westfield Mall expansion and other potential developments could be collected in 2005. There
are also some potential sources of funding (Sl million federal appropriation and Boeing mitigation
monies) that could solidify in 200512006. Staff estimate approximately S3.5 million could be necessary
to fully design the improvements and have construction drawings ready for bid.
As funding was being pursued in 2004, some question arose as to the comtructability of Modified 3-B.
Staff decided to utilize an unusual approach to hiring a consultant team. A short list of three firms was
selected ITom the Statement of Qualifications submitted in September 2004. The teams short listed were
Berger/ABAl\1, HNTB, and DMJM+Harris, all large, national f"mns. The three f"1IDIS short listed were
offered a stipend of $10,000 in return for their proposal, which included a feasibility analysis of Modified
3-B, a feasibility analysis of an option of the consultant's selection if they felt another option would be
better, and a cost-benefit analysis on both options. Staff felt that this process would yield the best
qualified engineering team as well as accomplish some requirements for environmental review on an
accelerated time schedule.
At~AL YSIS
The competitive process was scored by the selection panel made up of Cyndy Knighton - Senior Engineer
and Project Manager, Bob Giberson - Acting City Engineer, Robin Tischmak - Senior Engineer, Jill
Mosqueda - Development Engineer, and Moira Bradshaw - Senior Planner. The scoring consistently
placed the HNTB team in flrst place.
The recommended solution put forth by HNTB is different trom Modified 3-B. It has many benefits that
Modified 3-B does not haye, including the possibility for phasing which is important in today's economic
climate.
RECmDIEi\1)ATION
Approve the selection ofHNIB as the design team and authorize staff to begin negotiations on scope and
fee for the work.
p:'C)l1dy\~dickilat\inforrnati(}n TT1W'rO - design consultant selection 1-18-05.doc
Southcenter Access Improvement Project:
Klickitat Drive /Southcenter Parkway Area
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Overall
Average
278
116
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208
66
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DMJM +Harris w/
Perteet Inc
Overall
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68
167
804
Berger /ABAM
Overall
Average
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207
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178
854
Southconter Access Improvement Project:
Kllckitat DrlvelSouthcenter Parkway Area
Comments
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HNTB
YI'
Clear winner. Concept elegant yet
simple. Analysis thorough.
Prosontation well done, flowing, and
easy. Answers for all questions.
The teamwork already established
was apparent. Wish report had been
tabbed.
Proforred alternative = excellent
solution. Good presentation of
alternatives that worn considered.
Minimizes water quality Impacts.
Alternative allows Inclusion of a
"gateway" to CBD Most of the work
- Senior level project manager is
very effective team leader (Jim
Soukup)
-Well thought out methodology for
screening & analysis
- modified lid with phasing is
excellent
- Elegant solution
- Inclusive, organized exercise
Proposal seemed to grasp problems
and provide best comprehensive
solutions. Was most able to be
aesthetically pleasing. Very good
understanding of traffic problems &
other Issues.
in the City ROW. Ramp to Mall
parking will be be benefit In future.
Allows phasing.
DMJM +Harris w/
Portoot Inc
Report had extra suctions which
made roviowing more difficult. Idea
not graceful with looping movement.
WSDOT said concept was fatally
flawed from their perspective. Report
over - simplified the detailed work
which was done.
Per Don from WSDOT, alternative
proposed Is fatally flawed. DMJM
recommended taking both 3B and
alternative to 30% design, which
shouldn't be necessary. Alternative
negatively impacts businesses. I
think this firm would design
aesthetically excellent structure.
-Aaron appeared very nervous
- WSDOT's 'Fatal flaw', not to
mention impacts to Strandor & Mall
- Flaws in optional approach
- Concerns about listening abilltios
I.e. WSDOT buy -off on Strander
Option
- Most readable report
Good understanding of traffic. Dld
not think proposed option to bo a
satisfactory solution. Problems with
WSDOT, functionality (double loop).
and aesthetics on Strandor
Borger /ABAM
Firm seemed to stop looking at
alternatives too quickly. The
discarded ono could have worked
with more thought. Weaving was a
fatal flaw In 2030 but not addressed
In report or presentation Cost
should have been done for ramp
relocation to make Into viable
solution.
Bost aosthetics -- possibility of truly
elegant dosign. Allows phasing but
seems like this proposal would cost
lots of $$. The proforrod alternative
too costly & complicated. Requires
lots of DOT involvement.
- Through girder analysis very good
-Good presentation and submittals
- Strong second
Good engineering analysis but not
much planning lovol analysis.
Disappointing approach.
Dld not explore other options than
3 -8 enough in depth. Good
construction analysts, short on traffic
analysis. Was a good presentation
If 3 -B was already the selected
solution.
Transportation Committee
January 24,2005
Jim Haggerton; Chair
Joe Duffie
Pam Carter
Jim Morrow
Bob Giberson
Gail Labanara
Robin Tischmak
Frank Iriarte
Pat Brodin
Cyndy Knighton.
Rhonda Berry
Lisa Vemer
Lucy Lauterbach
Brent Carson
David Markley
Dave Kautz
Bill Arthur
Greg Sherlock
1. Boeing Access Road Bridge Deck Proiect Acceptance Concrete Barrier, Inc won the
contract to reconstruct the bridge deck and overlay the Boeing Access Bridge over the railroad.
The work was done last summer, and had one price overrun due to increased depth of bridge
deck removal, repair and bridge deck overlay. The project has been approved, and is ready for
final acceptance. It is within budget. Recommend contract approval on consent agenda of a
Regular Meeting.
2. 2005 Traffic Count Contract Traffic counts are done monthly at 12 locations, and annually
in the CBD. Requests for proposals led to a proposal that is even lower than last year's contract.
Traffic Data Gathering won the contract with a proposal for $5,275. Committee approval.
.
3. 2005 Over1av Staff explained that they did not include KPG, who has done the design for
street overlays for many years in Tuk'wila, to bid, as they are invoJved in top many Tukw.ila
projects already. Three other finns were short-listed, and W &H Pacific was selected. They will
design 43rd Ave: 160'h-end; S. 164lh Military-51"; 49'h Ave. S S.164lh - end; Macadam Road S.
S. of 131stPl- N.ofS.128lh; Macadam Road S. S. 150lh-S. 144th; S. I 15lh Interurban to 40'\ and
tow alternatives: Southcenter Blvd 61 "_66lh; and 42nd Ave. Interurban- S. 124lh, Approve
selection of "V&H to design 2005 overlay to CO"V and Regular Meetings.
~~.
4. Crosswalk ReQuest The School District has asked the City to approved a mid-block
crosswalk at Thorndyke from the school to across S. 150111. The problem is that the parking lot
gets too congested by all the parents who pick their kids up. Some parents wait on the north side
of8. 150111, and with all the traffic, the school thinks it dangerous for kids to be crossing to those
waiting parents. Jim H agreed with Jim M's suggestion that it's a children/parent problem. A
crossing guard could be used instead of a crosswalk, which provides a false sense off safety. Jim
H also noted a better method would be to build the roadway from the parking lot to go around
the school, coming out on the east side of the school. The school had looked at that, and asked if
the City would build it. Committee support for Public Works decision.
1-5. Klickitat Design Consultant Selection A report was done after a charette and study on the
Klickitat area. A Modified 3-B option would have brought a flyover ramp over 1-5 from the
southbound 1-5 lanes. When they asked for design proposals from three finns, they offered
$10,000 if the finns would look at Option 3-B and analyze its feasibility, cost-benefit, and
perhaps suggest another alternative. The finn HNTB came up with what staff described as an
elegant and simple replacement for the flyover. It is a combination bridge under the northbound
Transportation Committee
January 24 -
Page 2
lanes and over the southbound lanes. Though it costs the same as 3-B, it will take much less
approval time ITom WSDOT, takes less Mall property, and allows for phasing of the project.
Design may cost $3.5 million, with the city now having $500,000. Endorse beginning
negotiation on scope and fee with HNTB; bring issue to CO\V for information.
-
6. Southcenter Parkwav Extension/S. 178'h Alh!llment La Pianta would li.lce the City to
design and build the Southcenter Parkway extension and the 8. 178th realignment by summer,
2007. This also includes the sewer and surface water systems near the roadway. For that to be
possible, design needs to be started immediately, and other projects would have to make room
for this project to proceed very quickly. At the end of November, 2004, the draft EIS ITom
Segale was given to the City. S. 178'h is shown winding around the storm water detention pond
at the north end near S. 180'h. Consti-uction will take two full seasons once the designs are all
finished_ Preloading of the road and utility spaces will be required. 12~-18" of settlement is
expected. The road and utiJity areas will also need to be de-watered throughout construction.
The contracts to construct will need to be advertised by December oftrus year so that
construction can begin in spring. Staffwould li.lce to extend the David Evans contract for
roadway extending the road to 8, 204th. Design is also needed to include both sewer and surface
water also, There is no budget for that design this year yet. There is some risk about designing
the realignment of8. I78th as it may not work for a couple of reasons. Extra design will cost
about $500,000 this year, Options for the funding are the Ending Fund Balance or an offset in
another project. Refer issue to Feb 7 meeting for discussion of options.
7. Level of Service Standards and Concurrencv Because the City's Transportation Element (-":
of the Comprehensive Plan needs to be strengthened, the City need.s to adopt a new standard for
development/concurrency ordinance to be a part of that. Concurrency is a very difficult and
complex issue. It affects how much each new development in the City must pay to mitigate the
impact of their traffic on the area. The level of service (LOS) tolerable at various areas in the
City, as well as the current deficiencies in traffic in the City are part of the problem, Whether to
charge a flat rate to all new businesses in the CBD for example, has to be balanced with the
current practice of requiring a traffic study of the new developments in orderto know the basis to
charge them. To charge everyone a flat rate would require the City to know the traffic needs and
levels of service throughout the CBD, If a business does not meet the LOS decisions must be
made for how to deal with the business. The disadvantage of our current system is it requires the
developer to do a traffic study, and delays the knowledge of how much the developer will need
to pay for mitigation. If the other method were used, the City would estimate city growth for the
coming year, calculate LOS throughout the City, and project the growth of each project's traffic.
It is much simpler for the developers, but requires more work ITom the City. There are many
ways to calculate what LOS the City wants. How the City should measure LOS is one of the first
questions, and how much traffic congestion the City ,viII tolerate is another question. Whether
developers should be charged for traffic at their site only or further afield needs to be answered.
Impact fees cannot be charged for existing deficiencies, maintenance, transit facilities, or
facilities funded by grants or taxes. Cyndy said because it is such a large issue, she will bring it
in smaller pieces when the Council discusses it. Information onlv.
, --riff . . I
~ .... Committee chair approva
--
J ,etillA. 1y
COUNCIL AGENDA SYNOPSIS
'rinds ITEM NO.
f� i, i Meairz Date I Pnpard b i Mayor's review i Cp rail reriev
mN� j 2 I 2/14/05 I R131 -t'{ I L-- t 1 1 I 1 1 4 a,
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ITEM INFORMATION
I CAS NUMBER: 05-017 I OmGIu. AGENDA DATE: FEBRUARY 14, 2005
AGENDA ITEM TITLE 2005 Annual Overlay and Repair Consultant's Agreement with W&H Pacific.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
a\ItgDate Aftg Date MtgDot. MtgDate \ftg Date MtgDate JltgDate:2 /14/05
(SPONSOR cows Mayo Adm Svcs DCD p Finance Fin Legal Polt. Police PIY/ 1
SPONSOR'S The contract is for design of the 2005 Annual Overlay and Repair Program. The street
SUMMARY improvements include overlay for 43` Ave S (S 160"' to north end), S 164 St (Military to
51 49 Ave S (S 164 to north end), Macadam Rd S (5 150 to S 144"'), S 115 St
(Interurban to 40 Southcenter Blvd (61 to 66 and 42" Ave S (Interurban to S 124).
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 1/24/05
RECOMMENDATIONS:
SPONSOR/ADMIN. Authorize Mayor to sign the consultant's agreement with W&H Pacific.
Co?n nr TEE Forward to COW and then Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$38,384.92 $275,000.00
Fund Source: 104.02 Commercial Streets (page 48, 2005 CJP)
Comments: Total amount budgeted for Engineering also includes construction management and design of 2006 projects.
MTG. DATE I RECORD OF COUNCIL ACTION
2/14/05 1
1
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MTG. DATE I ATTACHMENTS I
1 2/14/05 1 Information Memo dated January 19, 2005
Consultant Selection Rating Sheet
Consultant Contract with Scope of Work
1 Transportation Committee Meeting Minutes from January 24, 2005
1 1
1 i
INFORiv1ATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Directo~
January 19, 2005
2005 Overlav Pro!!l'am - Consultant Selection. Scope of Work. and Fee Estimate
ISSUE
Select a consultant to provide design'and PS & E for the City's 2005 Overlay Program.
BACKGROU1\'D
The C.I.P. includes the Annual Overlay Program to provide repairs and overlays on the City's
street system. Design of this year's overlay program needs to take place now in order to
construct during the dry summer months.
ACTION TAKEN
Three firms were short-listed from the City's consultant roster of firms that indicated they
provide expertise in pavement design, overlay design and pavement management, All three
firms were rated based on the expertise and experience necessary to perform the work. W &H
Pacific was selected as the most qualified. (Rating sheet is attached,)
KPG, Inc., has been the design consultant for the City's Overlay Program since 1992, but was
not considered for this project due to their commitment necessary for other Tukwila projects
anticipated throughout 2005.
RECOMMENDATION
Approve the selection of W &H Pacific as the 2005 Overlay Program design consultant and
authorize the Mayor to execute a contract with W&H Pacific in the amount of $38,384.92.
attachments: Rating Sheet, Scope of Work, Fee Estimate
(P"~_""'i.Wa:RS~<<i.ft1Jrr.' ')(.~
CONSULTANT SELECTION
2005 OVERLAY PROGRAM
W&H David Evans
Pacific Perteet & Associates
Project Manager I 2 /
Pavement Design I Rehabilitation Z Z 3
Repair Experience
Agency Overlay , 2
Program Management I 2-
Tukwila Overlay L 2 Z
Program Knowledge
Pavement Management } / l
System Experience
TOTALS 7 9 /0
Score consultant 1 to 4 with 1 being highest and 4 being lowest
Lowest score is consultant ranked highest
CONSULTAi'\'T AGREEMENT FOR
ENGINEERING DESIGN SERVICES
TillS AGREEMENT is entered into between the City of Tulmila, Washington, herein-after referred
to as "the City", and W &H Pacific, hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform engineering design
services in connection with the project titled 2005 Overlay Program.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
. 3. Time for Performance. Work under this contract shall co=ence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perform all services and
provide all work product required pursuant to this Agreement within 60 calendar days rrom
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall not
exceed $38,384.92 without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned ,viII be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
/5/ oj J-
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for infonnation, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnifY, defend and hold harmless the City, its
officers, agents and employees, ITom and against any and all claims, losses or liability,
including attorney's fees, arising ITom injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the perfonn-
ance of this Agreement and as to claims against the City, its officers, agents and employee",
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the
obligation to indemnifY, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually
negotiated by the parties. This paragraph shall not apply to any damage resulting ITom the
sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted ITom the concurrent negligence of the
City, its agents or employees, this obligation to indemnifY, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Consultant, its officers, agents and
employees.
8. Insnrance. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence!
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said po]icy except upon thirty (30)
days prior written notice to the City. Certificate" of coverage as required by this section shall
be delivered to the City \vithin fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor \vith respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any employee of the Consultant shall
2
be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct rrom the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non-\Vaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, ifthe City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit from the losing
party.
3
16. Notices. Notices to the City ofTukwila shaH be sent to the following address:
City Clerk
City ofTukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Sam Richard
W &H Pacific
3350 Monte Villa Parkway
Bothell, W A 98021
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amended only by written instrument signed by both the City and the Consultant.
DATED this
day of
,20_.
CITY OF TUK\VILA
CONSULTANT
B;:S~~\~
Steven M. Mullet, Mayor
Printed Name: Brad Bastin
Title: Vice President
Attest! Authenticated:
Approved as to Form:
JaneE. Cantu, CMC, City Clerk
Office of the City Attorney
4
ATTACHMENT "An
CITY OF TUKWILA
2005 OVERLAY PROGRAM
SCOPE OF WORK
PROGRAM DESCRIPTION
Provide engineering design selVices to the City of Tukwila for preparation of the 2005 overlay
program. The candidate projects for this program are included in the list of roadways shown below.
The design of the overlay projects will generally follow the 50% review submittal plans prepared by
KPG, dated December 4, 2004.
Street From
43'" Avenue S S 160'" Street
S 164'" Street Military Road
49th Avenue S S 164th Street
Macadam Road S 220' S of S 1315' Place
Macadam Road S S 150th Street
S 115th Street Interurban Avenue S
. Southcenter Blvd. 615' Avenue S
. 42"" Avenue S Interurban Avenue S
. Projects Not Included in KPG Plans
To
North End of Road
51s1 Avenue S
North End of Road
170' N of S 128th Street
S 144th Street
40th Avenue S
66th Avenue S
S 124th Street
1,0 MANAGEMENT, ADMIN/STRAT/ON, AND COORDINATION
Length
310'
2,550'
440'
1,180'
1,790'
1,030'
2,000'
1,140'
The Consultant shall provide project management and administration, liaison with the City,
monthly progress reports and invoices. The Consultant shall attend and/or conduct up to
two (2) project related meetings with City staff, prepare and distribute meeting notes
(minutes) as necessary to coordinate the project activities.
2.0 QUALITY ASSURANCE / QUALITY CONTROL
The Consultant shall complete a quality assurance check prior to submitting any work for
the City's review. A quality assurance check shall be used to confirm that the design work
follows the City standards and that the work is professional quality, meeting industry
standards, The quality assurance check shall include review of engineering, drafting and
clerical errors or omissions. Lead designers shall review detailed technical work while it
is in progress, as well as after the work products are assembled for submittal.
The City will provide additional quality review. This will be coordinated with the Consultant,
Project Manager and pertinent staff members.
C:\WINDOWSlTEMP\2005 overlay design SCOPE.doc
3,0 ON-SITE PROJECT REVIEWS
The Consultant shall review on-site conditions for each of the candidate projects to identify
the specific construction items to be included in the project improvements. The City shall
supply the Consultant with street pavement evaluation data or recommendations. Based on
the on-site field information and other data provided by the City, the Consultant shall provide
the City with recommendations for each of the projects. No on-site pavement and subgrade
testing is expected for the candidate projects. The 'Consultant shall submit a written
summary of the on-site findings to the City for review and approval.
4.0 FINAL PLANS, SPECIFICATIONS, AND ESTIMATES
Based on the City approved project on-site findings list, the Consultant shall provide the
following engineering services consisting of the preparation of detailed construction
drawings, specifications, special provisions, construction cost estimates and other relative
information in accordance with the City of Tukwila standards.
A. Prepare base maps at a scale of one (1) inch equals forty (40) feet for each project. The
City shall provide the Consultant with DXF computer files of available mapping. The City
shall also provide the Consultant with electronic or hard copies of one (1) inch equals one
hundred (100) foot aerial photographs, utility plans, as-built drawings and other available
information.
B. Prepare construction plans for the overlay candidate projects, including the following:
a. Plans shall be prepared with such provisions and in such detail as to permit
convenient layout in the field for construction and other purposes within a degree of
accuracy acceptable to the City. The plans shall be prepared using AutoCAD 2002
software.
b. Plans shall show complete details for the construction of the proposed improvements
including details for: paving, preleveling and limits of construction; widening for
shoulder stabilization, parking or walkways; curb, gutter, and sidewalk
improvements; drainage improvements necessary forsubgrade stabilization such as
adding ditches andlor subgrade drains; existing surfacing preparation such as crack
sealing, digouts, utility trench repair and fabric interlayers; utility adjustments; and
channelization, signing, and signal detector loop replacements.
c. Plans will include typical sections and special details other than standard details
available from the City, WSDOT, and APWA Standard Drawings.
d. The horizontal scale for the plan sheets shall be one (1) inch equals forty (40) feet.
e. Finalize the plans and prepare project specifications including special provisions in
accordance with City review comments. The Consultant shall make such minor
changes, amendments, or revisions in the detail of work as may be required by the
City.
C. Prepare bid items and calculate quantities for the contract proposal. Group streets into
C:\WINDOWS\TEMP\2005 overlay design SCOPE.doc
overall program schedule with contractor to bid on summary of total quantities.
D. Prepare detailed project specifications including special provisions. The City shall provide
an electronic copy of the contract provisions to be modified and copy of the standard
notices, forms, and certificates to include in the specifications.
E. Prepare a final engineer's estimate of construction costs based on the construction plan
sheets, bid item quantities, and current bid prices. .
F. Submit plans for City to review at approximately the eighty (80) percent stage of completion
and respond to the City's review comments following the submittal. The Consultant shall
provide one (1) reproducible plan set, one (1) cost estimate, and (1) specification at the
eighty (80) percent complete submittal. The City will return one (1) "red-line" plan,
specification and cost estimate with review comments.
G. Provide the City with 40 sets of Half-size plans, 40 sets of provisions and 10 sets of full size
plans.
H. Provide to the City all final mylar plan sheets (11" x 17"), design calculations, and project
specifications including special provisions on 8.5" x 11" sheets. Provide electronic files of
plan sheets! provisions.
I. Supply infonnation to prospective bidders with respect to design and prepare addenda as
necessary during bidding period to support the City staff.
J. Attend preconstruction conference with the successful bidder.
TIME OF BEGINNING AND COMPLETION
The Consultant shall not begin work under the terms of this agreement until authorized in
writing by the City. The estimated notice to proceed date is January 25, 2005. Final plans,
specifications, and cost estimate shall be submitted to the City by March 1,2005.(5 weeks
including City review time.)
OPTIONAL SERVICES
Upon written approval by the City, the Consultant shall provide engineering services beyond
the scope of work identified in tasks 1.0 through 4.0. SelVices may include adding new
streets to the programs, including projects with utility systems replacement, adding additional
or increasing the existing design tasks or other work deemed necessary by the City. Such
work will be specified in a written supplement to this agreement, which will establish the
scope and costs.
C:\WINDOWSlTEMP\200S overlay design SCOPE.doc
PROJECT TITLE: 2005 'I'ukwilla Overlay Program
CLIENT: City of Tukwila
January 14, 2005
11:u4ol ru¢Aty of ukwila% nn an'om4gU ewdyI P,xi. XI S
LABOR:
Task /
Sheet II
Task (Scope of Services)
Principal
60.00
Project
Manager
45.00
Senior
Engineer
40.00
Engineer
32.00
Designer
28.00
Technician
28.00
Survey
Crew
45.00
Project
Coord.
22.00
Clerical
17.00
'Total
Hours
Labor
Cost
1.0
Man:
Administration & Coordination
0
0.00
1
gcment,
Direction & Supervision
8
8
360.00
2
Meetings, Coordination & Correspondence
8
12
4
24
832.00
3
Progress Reports & Budget Control
Prepare & Maintain Project Schedule
8
4
4
2
12
6
448.00
172.00
4
2.0
Qualify Assurance /Quulily Control
0
0.00
3.1 [Quality Assurance /Quality Control
4
4
180,00
3.0
On.Sitc Project Reviews
0
0 .00
1
Review Projects On-Site
16
16
512.00
2
Prepare Summary of Findings
8
4
12
344.00
4.0
Final
Plans, Specifications & Estimates
0
0.00
1
Prepare Base Maps
16
16
448 .00
2
Title Sheet
4
4
112.00
3
'Typical Sections & Miscellaneous Details
2
16
18
512,00
4
Roadway Plans
40
64
104
3,072.00
5
Bid Items & Quantity Calculations
16
32
48
1 408.00
6
Specifications
32
12
44
1,288.00
7
Cost Estimates
16
16
8
40
1,136.00
8
Assist Ad & Award & Addenda
8
4
4
16
576.00
9.0
Pm- Construction Conference
4
4
8
308.00
Labor Subtotal
Overhead
Fixed Fee
TOTAL LABOR
0
40
0
154
0
148
0
38
0
380
11,708.00
162.15%
30.00%
18,984.52
3,512.40
34,204.92
EXPENSES:
Cost Expenses
Item Quantity Unit per Unit Markup Cost
Mileage 200 Miles 0.400 1.0 80.00
Plotter 200 Plot 3.00 1.0 000.00
Outside Materials & Services 1 100.00 1.0 100.00
Plan & Provisions Printing 40 Each 85.10 1.0 3,400 00
TOTAL EXPENSES
SURCONSULTANTS:
Subcontract
Amount
Markup
Subcon.
Cost
0.00
TOTAL. SURCONSUL'I ANTS
OPTIONAL SERVICES:
Cost
Item Quantity Unit per Unit
Optional Services 0 Lump Sum 0.00
Markup
1.0
TOTAL OPTIONAL SERVICES
0.00
0.00
Expenses
Cost
0.00
0.00
Total - Labor
Total - Expenses
'Total - Subconsultants
Total - Optional Services
TOTAL. -
34,204.92
4,180.00
0.00
0.00
38,384.92
Transportation Committee
January 24,2005
Jim Haggerton; Chair
Joe Duffie
Pam Carter
Jim Morrow
Bob Giberson
Gail Labanara
Robin Tischmak
Frank marte
Pat Brodin
Cyndy Knighton
Rhonda Berry
Lisa Verner
LucyLauterbach
Brent Carson
David 1vlarkley
Dave Kautz
Bill Arthur
Greg Sherlock
1. Boeing Access Road Bridge Deck Proiect Acceptance Concrete Barner, Inc won the
contract to reconstruct the bridge deck and overlay the Boeing Access Bridge over the railroad.
The work was done last summer, and had one price overrun due to increased depth of bridge
deck removal, repair and bridge deck overlay. The project has been approved, and is ready for
final acceptance. It is within budget. Recommend contract approval on consent agenda of a
Regular Meeting.
2. 2005 Traffic Count Contract Traffic counts are done monthly at 12 locations, and annually
in the CBD. Requests for proposals led to a proposal that is even lower than last year's contract.
Traffic Data Gathering won the contract with a proposal for 55,275. Committee approval.
3. 2005 Overlay Staff explained that they did not include KPG, who has done the design for
~. street overlays fur many years in Tul-wila, to bid, as they are involved in too many Tukwila
\ '.. projects already. Thr~e otherfmns,"we~e. sh()rt~listed, and W &H Pacific was selected. They \~ill
, design 43'" Ave. 160'"-end; S. 164' j\Ohhtary-)I "; 49'" Ave. S S.I64'" - end; Macadam Roaa S.
, S. of 131stPI- N.ofS.128Ih; !vfacadam Road S. S. ISO'"-S. 144!"; S. !IS'" Interurban to 40'"; and
tow alternatives: SouthcenterBh'd 61"_66'"; and 42nd Ave. Intenuban- S. 124'". Approve
selection of'V&H to design 2005 overlay to CO'V and Regular iYleetings.
4. Crosswalk Request The School Disirict has asked the City to approved a mid-block
crosswalk at Thorndyke from the school to across S. 150'". The problem is that the parking lot
gets too congested by all the parents who pick their kids up. Some parents wait on the north side
ofS. 150'", and with all the traffic, the school thinks it dangerous for kids'to be crossing to those
waiting parents. Jim H agreed with Jim lvI's suggestion that it's a children/parent problem. A
crossing guard could be used instead of a crosswalk, which provides a false sense off safety. Jim
H also noted a better method would be to build the roadway from the parking lot to go around
the school, coming out on the east side of the school. The school had looked at that, ,md asked if
the City would build it. Committee support for Public Works decision.
5. Klickitat Design Consultant Selection A report was done after a charette and study on the
Klickitat area. A Modified 3-B option would haye brought a flyover ramp oYer 1-5 !Tom the
southbound 1-5 lanes. When.they asked for design proposals from three firms, they offered
510,000 if the firms would look at Option 3-B and analyze its feasibility, cost-benefit, and
perhaps suggest another alternative. The finn HNTB came up with what staff described as an
elegant and simple replacement for the flyover. It is a combination bridge under the- northbound
COUNCIL AGENDA SYNOPSIS
d' y kitial ITEMNO.
-.r j I Ik q J I Metinz Date Prepared ir; 1 Mayor's nit Co:er.:il raiew 1
m 2/14/05 RL SN`
tsoa
ITEM INFORMATION
I CAS NUMBER: 05-018 IORIGLhAI. AGENDA DATE: FEBRUARY 14, 2005
AGENDA ITEM TILE 2005 Annual Neighborhood Drainage Program Consultant's Agreement with KPG.
CATEGORY Discussion Motion 1?ralntion Ordinance Bid Award Public Hearing Other
3Ug Date 3Ug Date MUg Date Mtg Date .1ftg Date Mtg Date ftg Date: 2/14/05
I SPONSOR Connal Major Adm Svcs DCD Finance Fin Izgal Pelt Police PW
SPONSOR'S The contract is for design of the 2005 /2006 Annual Neighborhood Drainage Program.
SUMMARY Three firms were short listed from the Consultant Works Roster and KPG was chosen as
the most qualified. This year we are designing two years of projects for construction in
2005 and 2006. Nine projects have been identified for design and includes Gilliam Creek
42" Ave S Culvert.
REVIEWED BY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Plonn;ner Comm.
DATE: 2/8/05
RECOMMENDATIONS:
SPONSOR /ADm:N. Authorize Mayor to sign the consultant's agreement with KPG.
CoMMITrEE Forward to COW and then Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$176,683.00 $952,000.00
Fund Source: 412.02 Surface Water (page 120 125, 2005 CIP)
Comments: Total amount budgeted for Annual Neighborhood Drainage and S25, 000frow Gilliam Creek 42 Ave Culvert.
MTG. DATE RECORD OF COUNCIL ACTION
2/14/05
MTG. DATE ATTACHMENTS
2/14/05 Information Memo dated February 3, 2005
Map of Sites
Consultant Agreement with Scope of Work
Utilities Committee Meeting Minutes from February 8, 2005
INFORivIATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Directo~
February 3, 2005
Consultant Recommendation for 2005 Annual Nei!!hborhood lliainal!e PrO!!I"am
City Project No. OS-DROll Budget Line Item No. 412.02.594.381.41.09
ISSUE
Approve KPG Engineering, Inc., to design the 2005 and 2006 Annual Neighborhood Drainage Program.
BACKGROUND
The Annual Neighborhood Drainage Program typically identifies projects through maintenance activities as
well as citizen complaints. This year we are designing two years of projects for construction in 2005 and
2006.
Ai'llALYSIS
The Public Works staff reviewed the list of known system deficiencies as well as newly identified ones and
compiled projects for design and construction. Projects involving permits with the Washington Department
of Fish and Wildlife (WDFW) were reviewed in the field with their area biologist for preliminary approval
and expected required mitigation. From this meeting, nine projects were identified for design. One of the
projects, Gilliam Creek 42 Ave S Culvert, is identified as a separate CIP project but we are proposing to
include its design as part of the Neighborhood Drainage Program to reduce design costs (pg. 125,2005
CIP).
The current consultant roster was reviewed and three finns were short-listed to design the selected nine
projects. The finns were:
I. KPG, Inc.
2. PenhaIIegon Associates Consulting Engineers, Inc.
3. AHBL, Inc.
KPG has designed the Annual Drainage Program since 1991 and Public Works staff continues to be very
satisfied v.'ith their work. KPG has a good working relationship with the WDFW, is knowledgeable of City
requirements, remains flexible to design changes, and continues to complete design within budget.
BUDGET SUMl\.fARY
Construction Contract for 2004
Design 2005/2006
Construction Estimate 2005 Projects
Total
ActuaIlEstimate
$ 313,562
176,683
461. 755
$ 952.000
Comolete Budl!et
$ 927,000
25.000
$ 952.000
R.ECOJ\.1MENDATION
Approve the consultant agreement with KPG, Inc., for professional design services to design the 2005 and
2006 Annual Neighborhood Drainage Program for $176,683.00.
RL:ad
attachments: Location:Map
Consultant Agreement
(?;~A_D1.~D$!CjI~1l=3SD?ZX<SOcif::')
2005 - 2006 Annual Neighborhood Drainage Projects
Vicinity Map
. Site 1: S. 140'" Street, 44'" Avenue S to S. 139" Street Ravine
. Site 2: 43'" Avenue S, S 142"" Street to S 140'" Street
. Site 3: S 133'" Street Culvert Crossing (Southgate Creek)
. Site 4: 42"" Avenue SIS 154'" Street
. SiteS: 44'" Avenue S, 11600 block
. Site 6: S 126'" Street Culvert Crossing (Southgate Creek)
. Site?: S 162"" Street, 48'" Avenue S to 51" Avenue S ~
. Site 8: 45'" Avenue S, S 122"" Street to S 124'" Street
. Site 9: 42'~ Avenue S Culvert Crossing (Gilliam Creek)
CONSDLTili~TAGREE~ffi~~FOR
DR~AGE DESIGN SERVICES
THIS AGREEMENT is entered into between the City of Tul'V.ila, Washington, herein-after referred
to as "the City", and KPG, Inc., hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform drainage design
services in connection with the project titled 05-DROl Annual Neighborhood Drainage
Program.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of written
notice by the City to the Consultant to proceed. The Consultant shall perfon:i1 all services and
provide all work product required pursuant to this Agreement within 365 calendar days from
the date written notice is given to proceed, unless an extension of such time is granted in
writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto,.provided that the total amount of payment to the Consultant shall not
exceed $176,682.6S without express written modification of the Agreement signed by the
City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion
of the work under tbis Agreement and its acceptance by the City.
D. Payment is provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts per'..ammg to this Agr=ent are to be kept
available for inspection by representatives of the City and state for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. O\vnership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered- under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be p=itted to retain copies, including reproducible
copies, of drav.ings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documenis, drav..ings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applic~ble to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including. attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, iis officers, agenis and
employeeS, in performing the work required by this Agreement. With respect to the perform-
ance of this Agreement and as to claims against the City, iis officers, agents and employees,
the Consultant expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to iis employees, and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Consultant. This waiver is
mutually negotiated by the parties. This paragraph shall not apply to any damage resulting
:from the sole negligence of the City, iis agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent
negligence of the City, its agents or employees, this obligation to indemnify, defend and hold
harmless is valid and enforceable only to the extent of the negligence of the Consultant, its
officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this
contriCt comprehensive general liability insurance, with a minimum coverage of $500,000 per
occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence!
aggregate for property damage, and professional liability insurance in the amount of
$1,000,000.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
days prior written notice to the City. Certificates of coverage as required by this section shall
be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde-
pendent contractor with respect to the services provided pursuant to this Agreement. Nothing
in this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither the Consultant nor any.employee of the Consultant shall
be entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for withholding or othemise deducting
federal income ta.'{ or social security or for contributing to the state industrial insurance
program, otherwise assuming the duties of an employer with respect to the Consultant, or any
employee of the Consultant.
2
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, conlmission, percentage, brokef"~e fee, gifts, or any other consideration contingent upon
or resulting :trom the award or making of this contract For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct :trom the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
II. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, "Will not discrimillate on the grounds of race, color, national origin, religion,
creed, age, sex or the presence of any physic<ll or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement ",-ithout the express written consent of the City.
13. Non-Waiver. 'Naiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to
recover its costs, including reasonable attorney's fees, incurred in such suit :trom the losing
party.
.~
J
16. Notices. Notices to the City ofTuh.'\vila shall be sent to the follO"lving address:
City ofTukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG, Inc.
753 -9thAvenueN.
Seattle, WA 98109
17. Integrated Agreement. This Agreement, together with attachments or addenda, represents
the entire and integrated Agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This Agreement may be
amende{[ only by written instrument signed by both the City and the Consultant.
DATED this
day of
,2005
Steven M. Mullet, Mayor
c~
By:
Nelson Davis
CITY OF TUKWILA
Principal
Title:
Attest! Authenticated:
Approved as to Fonn:
Jane E. Cantu, CMC, City Clerk
Office of the City Attorney
4
Exhibit A
City ofTukwila
2005-2006 Annual Neighborhood Drainage Program
Scope of Work
January 18,2005
KPG
The Consultant shall prepare final plans, specifications, and estimates for the following
small drainage projects:
. Site 1: S. 140th Street, 44th Avenue S to S. 139'" Street Ravine
Install new drainage' system to route flows along public right of way and
abandon exisilng concrete storm drain beneath private residence.
. Site 2: 43'" Avenue S, S 142"" Street to S 140th Street
Install new drainage system to connect to site 1 improvements.
. Site 3: S 133'" Street Culvert Crossing (Southgate Creek)
Replace existing culvert to meet WDFW fish passage criteria.
. Site 4: 42"" Avenue SIS 154"' Street
Install trench drain to eliminate roadway ponding from private apartment
complex.
. Site 5: 44th Avenue S, 11600 block
Install new drainage system to collect local right of way ponding.
. Site 6: S 126th Street Culvert Crossing (Southgate Creek)
Replace existing culvert to meet WDFW fish passage criteria.
. Site 7: S 162"" Street, 48th Avenue S to 51st Avenue S
Install new drainage system within public right of way / alley to convey
flows to exisilng system in 51st A venue S.
. Site 8: 45"' Avenue S, S 122"" Street to S 124th Street
Install new drainage system to connect with Allentown pipe installation on
S 12ZW Street (part of Allentown Sewer project).
. Site 9: 42rd Avenue S Culvert Crossing (Gilliam Creek)
Review existing pipe condition to determine if trenchless repair is feasible,
and if so, obtain permits and prepare bid documents. WDFW has
indicated that a fish passable culvert is only required if the culvert cannot
be repaired with available trenchless technology. Replacement of the
culvert to meet fish passage requirements is not included in this scope.
City or T ukwila
2005-2006 Annual Neighborhood Drainage 1 or 3
KPG
January 18, 2004
Exhibit A
Work on these projects shall include any necessary survey, altemative analyses,
quantity estimating and cost estimating to complete the projects. Surveyed base maps
and horizontal utility locations will be provided for 13.11 projects except sites 4 and 9.
Base mapping for site 4 will be based on field measurements by KPG. Previous
mapping will be used for the project base map on site 9. Project datum will be assumed
on all projects with property information provided only on site 7.
The Consultant shall prepare legal descriptions and easement documents for site 7 (2
parcels). The project budget includes one meeting with the property owners to review
the project and easement conditions. Fee negotiations, if required, will be the
responsibility of the City.
The Consultant shall prepare applications and coordinate permit approvals for the
following projects as noted:
. Site 1 - SEPA approval and HPA
. Site 3 - SEPA approval and HPA
. Site 6 - SEPA approval and HPA
. Site 9 - SEPA approval and HPA
It is our understanding that none of the projects will require biological assessments,
additional permits, detention facilities, or water quality treatment facilities. The
Consultant will prepare landscape restoration I mitigation plans for each of the 4 sites
requiring permits.
A potholing allowance of $1 0,000 is included in the estimated fee to determine existing
subsurface utility elevations in key locations that are identified during base mapping
and preliminary design. All existing utilities for the culvert replacement projects (Sites 3
and 6) will be potholed to determine the feasibility of upgrading the culvert to fish
passage requirements.
It is anticipated that the projects will be bid as 2 separate packages for the 2005 Small
Drainage Program and 2006 Small Drainage Program. The Consultant shall perform
base mapping, permit agency coordination, utility coordination, preliminary design and
cost estimating for each of the project sites to assist the City with prioritization for each
bid package. Projects will be prioritized based on available budget and other factors
(such as permit complexity, utility relocation needs, easements, etc.) to achieve a
realistic schedule and project listing for each of the two years of this program.
For each of the 2005 and 2006 Small Drainage Program, the Consultant shall submit
50% and 90% plan, specification, and estimate submittals for City review prior to
bidding. The City may reprioritize the projects based on estimated costs and available
budget.
City ofTuk'.vUa
2005-2006 Annual Neighborhood Drainage 2 of 3
KPG
Januarj 18, 2004
Exhibit A
Deliverables:
The Consultant shall provide the following deliverables:
. Memo and cost estimates to assist Cit'j with prioritization of 2005 and 2006
Small Drainage Programs, including any permit or feasibility issues.
2005 Small Drainage Program
. 10 copies, 50% Plans and Estimates
. 5 copies, 90% Plans, Specifications and Estimates
. 40 copies of bid documents (half size)
. Legal descriptions and easement documents for 1 parcel
2006 Small Drainage Program:
. 10 copies, 50% Plans and Estimates
. 5 copies, 90% Plans, Specifications and Estimates
. 40 copies of bid documents (half size)
. Copies of all permit applications, 5 sites
The City shall provide the following items:
. Property owner contact information
. Existing utility information, as available
. Plan reviews and comments
. Easement negotiations, if required.
City of Tukwila
2005-2006 Annual Neighborhood Drainage 3 of 3
KPG
January 18, 2004
HOUR AND FEE ESTIMATE EXHIBIT B
Protect: City of Tukwila
2005 -2006 Annual Neighborhood Drainage Program
KPG
• Architecture •
Lanclscgpo Architecture
• Civil engineering •
Task Description
Labor Hour Estimate
Senior
Engineer
$ 145.94
Engineer
$ 87.01
Technician
$ 67.36
Clerical
$ 50.53
Total Fee
Fee
Task 1 s 2005.2006 Small Drainage Program
1.1 Management /Coordination /Administration (12 months)_„
12,,. Coordinate topographic, survey / utility locates/ potholes
1.3 Field reviews / prepare base maps
1.4 Prepare design memo for 2005%2006 prlorilizalion__
15 Prepare Plans (estimate 25 sho_ots).
Site 1 - 5 140th Street
Site 2- 43rd Avenue S
Site 3 - S 133rd Culvert
Site 4 5._.__
- 42nd Ave S/S 154th St
Site 5 - 44th Avenue S
Site 6 - 5 1261h Street Culvert
Site 7 S 162nd Street
Site 6. 45th Avenue S
Site 9 42nd Avenue SCulvort (assumes trenchless)
Proper° Dotal! Shoots
Prepare restoration plans for sensitive area sites
1.6 Property owner coordination
1.7 Prepare easements / legal descriptions (2 parcels)_,
1.8 2005 Small Drainage_Program_.__,.
Prepare 50% & 90% Review Submittals
Utillt y coordination
Quantity and Cost Estimating
Prepare Specifications
Finalize Bid Documents
1.0 2006 Small Drainage Program
Prepare 50% & 90% Review Submittals
Utility coordination
Quantity and Cost Estimating
Prepare Specifications
Finalize Bid Documents
Reimbursable expenses - see breakdown for details
Task Totals
24
2
8
8
12
4
8
16
8
4
2
0
4
0
4
0
8
16
8
60
40
40
8
24
32
32
40
24
40.
8
..._
4
8
8
16
24
40
0
80
60
48
12
60
32
48
48
40
40
40
0
0
6
0
24
0
12
24
4
0
4
0
0
24
0
12
146
552
652
76
G 4,715.28
6...._._
1,728.96
__..5,25408
$ 2,065.72
12,360.68
8,105.76
$ 7,881.20
$ 1,796.28
8,105.76
4,827.52
6,601.3.:
6,601.36
$ 8,509 84._.
5,950.16
6,,758.56
987.96
$ 1,089.04
6 .. ,...2,020.84
,._..,.,__..898.20
3,592.56
$ 3,076.24
2,290.28
2,020.84
898.20
6 3,592.56
Ifi..
3,076.24
$ 50 040.00
$ 16 35.76
2/3/2005
HOUR AND FEE ESTIMATE
EXHIBIT B
Project: City ofTukwila
2005-2006 Annual Neighborhood Drainage Program
Londscope Architecture
Task Description
Labor Hour Estimato
Total Fee
Senior
Engineer
Engineer
Technician
Clerical
$ 145.94
$ 87.01
$ 67.36
$ 50.53
Fee
Task 2^pernoUdDg���_
j
2.3_
4
--~-----�---16---'~-�-----
12
12
2.3 with
--''4---�---'10
-0�---'-~�4
-'
^
150.00
Task Totals
16
44
36
16
9 540.92
Reimbursable Breakdown
Task i^2o05`%008 Small Drainage Pr4'gram
--_-_�--�MUeagV.-_-`--�_--_`___.'-_'--_---__----
Rooroduodnn_________'�___�__��______
AP8�- Potholing allowance
'_----_---.-_--'__ -�
Earth Tech ^ topographic survey and legal descriptions
Task 1 - Total
Total Estimated Fee: $ 176.682.68
Cost
�
*
Task 2`Permitting
.-----'-''M|�"aOe��_
Reproduction
Task 2 - Total
200.00 _
2/)O0.08
10,000.00
07,840.00
5U04V0V
50.00
-'-
100.00
150.00
2/3/2005
.'
---.---..
o ^ ,-€-
_ '+Y'
Utilities Committee
February 8, 2005
Dave Fenton, Chair; Joan Hernandez, Jim Haggerton
Jim Morrow, Robin Tsclunark, Frank Iriarte, Pat Brodin, Ryan Larson,
Lisa Verner, Steve Lancaster, Derek Speck, Lucy Lauterbach; Keith
Goldsmith, Bill Arthur, Mario Segale, Mark Segale, Sue Carlson
Yl. 2005 Small Drainage Contract Nine projects have been selected for the
~ 2005-2006 small drainage projects. Two years worth of projects are designed and then
those projects are constructed over the following two years. Four projects will be
constructed in 2005. One of the nine projects, #9, is a CIP project (Gilliam
Creek/Southcenter Boulevard), but it will be included for construction at the same time.
KPG was chosen from the short list. They have been involved in the City's program
since 1991. Forward to COW with recommendation approving the agreement with
KPG for desien services in the amount of S176.683.00.
Present:
2. Cascade \Vater Alliance lnterlocal Agreement Tukwila has been a member
of Cascade Water Alliance (CWA) since its inception. Jim H. pointed out that in 2000
CW A's assets were $600,000; in 2005 that amount has risen to $30 million. The
interlocal re-establishes the working order among cities, dues, and fees for water.
Tukwila now gets its water through CW A, even though it is all Seattle water. The
interlocal allows CW A to issue debt and allows cities to include it in their comprehensive
plans. At today's annual meeting, attended by approximately 100 people, King County
signed a memorandum of understanding with CW A about water, Forward to CO\V
with recommendation for lVlavor's sienature on Cascade Water Agreement.
3. Status ofTVS Infrastructnre Proposals Jim M. opened up the discussion by
stating that the Council relies upon Staff to provide the facts; to address both the good
and the bad; to leave the wild guesses behind; and to do it professionally so that informed
decisions can be made. Staff does not have the luxury of being "half right" or close
enough. If a mistake is made, it is immediately evident. A critical piece of infrastructure
does not work; a lawsuit gets filed; costs skyrocket; or in a worse case scenario someone
gets injured. There is no one to whom the risk can be passed. Jim M. went on to state
that the Council was not being asked to make any decisions, rather tonight was an
opportunity to talk about pure engineering issues and the challenges that are being
addressed in order to make TVS a success.
Jim M stated that it is La Pianta's goal to drain by gravity into the public system from any
piece of developable property the sewer and surface water flows, A laudable goal, except
that it transfers all the risk to the City, increases construction costs, and requires
extremely high operation and maintenance efforts to make it function. The City'-s goal is
COUNCIL AGENDA SYNOPSIS
�J� wqS
o; 2 IriiaL ITEMNO,
4 S 101
r+�'i Afeetiaz Date l Prepared bi 1 Maior's resir;Y Ccasal mien) 1
wt\ 1 2/14/05 1 PB sfw w 1 G S L+ 1 v`
1 1 v 1
nos 1 1 1 1 1
1 I 1 1
ITEM INFORMATION
I CAS NUMBER: 05-019 IORIGI\AI AGENDA DATE: FEBRUARY 14, 2005
AGENDA ITEM TITLE Cascade Water Alliance Interlocal Contract
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
AbgDate 1.ftgDale AftgDale Mfg Date Arts Date Mtg Date Mfg Date: 2/14/05
SPONSOR Carina Major Adm Svcs DCD Finance Fin Legal P6'R Police PW
SPONSOR'S The Interlocal Contract with Cascade Water Alliance (CWA) establishes the formation,
SUMRAIARY membership and composition of CWA and sets forth a financial management framework
and water supply commitment to each member agency. The CWA Board approved the
contract in December 2004 and the contract now needs to be ratified by each member
agency.
REVIEWED BY COW Mtg. CAM Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/8/05
RECOMMENDATIONS:
SPONSOR /ADMEN. Authorize Mayor to sign the Interlocal agreement with CWA.
COAL\ITIEE Forward to COW and then Regular with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source: 403.01 Water
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
2/14/05
1
MTG. DATE ATTACHMENTS
2/14/05 Information Memo dated February 2, 2005
Memorandum from CWA with Resolution No. 2004 -18
Interlocal Contract
Utilities Committee Meeting Minutes from February 8, 2005 1
I I
I I
I I
INFORMATION MEMO
Date:
Subject:
Mayor Mullet
Public Works Directo&n
February 2, 2005
Cascade Water Alliance Interloca1 Contract
To:
From:
ISSUE
The City of Tukwila has been operating under the new supply contract of the Cascade Water
Alliance (CW A) since January of 2004. The Interlocal Contract has been a work in progress
since the formation of CW A and is now brought to each of the member agencies for
ratification.
BACKGROUND
The Interloca1 Contract is an agreement among the founding members of Cascade Water
Alliance of which Tukwila is a member. The Interlocal establishes the formation,
membership, and composition of CW A. It sets forth a fInancial management framework and
water supply commitment to each member agency. The asset management portion directs
conservation efforts, shortage management, water quality, and supply rates and charges.
This type of membership agreement is necessary for CW A to continue its goals and objectives
for obtaining a water right and pursuing bonding capability to develop supply infrastructure,
The board members of CW A approved the contract in December 2004. It now needs to be
ratified by each member agency.
The Interlocal has been reviewed in-house by Public Works and the City Attorney. Since
Tukwila does not have an independent water supply, those aspects of the supply commitment
do not apply for Tukwila. Tukwila is involved in sharing the block of water allocation and
establishing debt service reserves, Regional Capital Facilities Charges (RCFCs) are fees levied
upon new water connections to help pay for growth. RCFCs, along with rates and other water.
supply assets, will help fund new capital facilities in the future.
RECOMMENDATION
Forward to the Committee of the Whole for discussion and then Regular Council for approval,
attachments
(i":a5:='Ci'l'Al'C~Im:OO::dCo::r:::a;Q
MEMORANDUM
DATE:
January 20, 2005
TO:
SUBJECT:
Pat Brodin
Michael Gagliardo, General ManagefV~
Amended and Restated Interlocal Contra~
FROM:
Enclosed are two (2) originals of the Amended and Restated Interlocal Contract adopted by the Board
of Directors on December 15,2004 (see enclosed Resolution No. 2004-18). Once adopted by a 65%
Dual Majority Vote of the Board, amendments to the Interlocal Contract must be ratified by 65%, as
measured by Dual Majority Vote of the Members' legislative authorities, within one hundred and
twenty (120) days.
Please arrange for your legislative body to ratify the Amended Interlocal Contract. Once ratified,
please have both original contracts executed by an authorized representative and return one to
Cascade.
In addition, please provide Cascade with a copy of the resolution, ordinance or other action taken by
your legislative body ratifying the InterlocaI.
I am available to attend Council or Commissioner Meetings to discuss the amendments and can
arrange for participation by Ivfike Ruark and/or Hugh Spitzer if necessary.
If you have any questions, please contact me.
1400 I 12th A\'enue SE ~ Suite 210 - BeJle\lJe, W A 98004
Phone: (425) 453-0930 - Fax: (425) 453-0953
Website: v,.H...cascadewale.r.org
CASCADE WATERALLIA1'\'CE
RESOLUTION NO. 2004-18
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CASCADE WATER ALLIANCE, A WASHINGTON NONPROFIT
CORPORATION, FOR THE PURPOSE OF ADOPTING AN
AMENDED AND RESTATED Th'TERLOCAL CONTRACT
WHEREAS, the Cascade Water Alliance (Cascade) is a Washington Nonprofit
Corporation composed of municipal corporations and special purpose Municipal Corporations.
which is organized under authority of the Interlocal Cooperation Act (Chapter 39.34 RCW) for
the purpose of providing water supply to meet the grO\ving demands of its Members and the
region; and
WHEREAS, Cascade was formed in April 1999, according to the terms ofan Interlocal
Contract which established the basis for Membership and for developing the Cascade Water
System; and
WHEREAS, The Board of Dire.ctors of Cascade approved Amendments to the Interlocal
Contract in September 1999 and November 2002; and
WHEREAS, the Amended and Restated Interloc.al Contract establishes I) Cascade as a
Watershed Management Partnership as provided in the Interlocal Cooperation Act (Chapter
39.34 RCW); and 2) overall structure and principles for financing projects. borrowing funds,
issuing and securing debt;
NOW TIIEREFORE, BE IT RESOLVED BY THE BOARD OF D1RECTORS OF TIIE
CASCADE WATER ALLIANCE. as follows:
Section 1. The Board of Directors of Cascade approves and adopts the Amended and
Restated Interlocal Contract, in the foml attached to.this Resolution; and
Section 2. The Board directs the Chair and General Manager to distribute the
Amended and Restated Interlocal Contract for ratification by Members' legislative authorities.
Cascade Resolulion Ko. 200--1-18
J).~..'\..-nJb...-r i5. 20iH
Pag~ I of2
ADOP1ED l\l'ID APPROVED by the Board of Directors of the Cascade Water Alliance
at a regular meeting thereof, held on this l< day of \) f~(\~ Y"v , 2004.
CASCADE WATER ALLIA1'1CE
I ) )' -
, . ~
. ~ t' I
,fi( \/'~!'.#
I ~ 'hI ~. !#.. \ i\ 14::v
Atte '--'~1;cflael~~li do, General Manager
Jim Haggerton, SecretarylTreasurer
Membcts
Yes 7
"lo 0
Demand Share
Yes 0J::t
0/0
Ko ()
0'"
,0
C3.-~d~ RewMion No. 2GiJ+- 18
O""....-anw IS, 20r>>
Page-2 01 2
INTERLOCAL CONTRACT
Amended and Restated
December 15, 2004
TABLE OF CONTENTS
ARTICLE 1. Agreement
ARTICLE 2. Definitions 1
ARTICLE 3. Formation of Entity; Purpose and Powers 7
Section 3.1 Formation 7
Section 3.2 Membership 7
Section 3.3 Conversion to Municipal Corporation Status 8
Section 3.4 Purposes 9
Section 3.5 Powers 10
ARTICLE 4. Organization Structure; Board 11
Section 4.1 Composition, By Laws, and Meetings 11
Section 4.2 Powers of the Board 11
Section 4.3 Voting 11
Section 4.4 Officers and Committees 12
Section 4.5 Executive Committee 13
Section 4.6 Staff Consultants and Contractors 13
Section 4.7 Budget; Dues; Financial Management 14
ARTICLE 5. Asset Development and Supply Commitment 14
Section 5.1 Property Acquisition, Ownership, and Disposition 14
Section 5.2 Supply Commitment 15
Section 51.1 Commitment to Members 16
Section 5.22 Additional Rules for Members Retaining Independent Supply 17
Section 5.2.3 Additional Rules for Source Exchange 18
Section 5.3. Financing of Assets 19
Section 5.4 Supply Expansions and System Extensions 22
Section 5.5 Regional Capital Facilities Charges 23
Section 5.6 Transfer Upon Mergers, Consolidations and Assumptions 25
ARTICLE 6. New Independent Supply 25
ARTICLE 7. Asset Management 26
Section 7.1 Supply System Management 26
Section 7.2 Conservation 27
Section 7. 3 Shortages Emergency 27
Section 7.11 Shortages 27
Section 7.3.2. Emergency 28
Section 7.4 Water Quality 28
Section 7.5 Water Supply Rates and Charges 29
Section 7.6 New Water Surcharge 31
Cascade Interlocal Contract -1-
Amended and Restated
December 15.2004
Section 7.7 Franchises and Easements 31
Section 7.8 Sales of Water to Non- Members 32
ARTICLE 8. Planning 34
Section 8.1 Water Supply Plan 34
Section 8.2 System Reliability Methodology 35
ARTICLE 9. Filings 35
ARTICLE 10. Duration and Dissolution; Withdrawal 36
Section 10.1 Duration 36
Section 10.2 Withdrawals 36
Section 10.3 Dissolution 38
Section 10.4 Successor Entity 38
ARTICLE 11. Amendments 39
ARTICLE 12. Applicable Law and Venue. 39
ARTICLE 13. No Third Party Beneficiaries. 39
ARTICLE 14. Severability 39
ARTICLE 15. Entire Agreement 40
ARTICLE 16. Execution. 41
Cascade Intedocal Contract 4i-
Amended and Restated
December15.2GW
CASCADE WATER ALLIANCE
INTERLOCAL CONTRACT
Recitals
WHEREAS, the Cascade Water Alliance, an intergovernmental organization created by
Interlocal Contract effective April J, 1999 (as amended July 2000 and November 2002) to further
the interests of its Members with respect to water supply and to work cooperatively with other
water supply entities in the region; and
WHEREAS, Members of the Cascade Water Alliance have detennined to amend the
Cascade Water Alliance's InterIoca1 Contract to better facilitate the purposes of the Cascade
Water Alliance;
NOW, THEREFORE, it is agreed as follows:
ARTICLE 1.
Agreement
The Cascade Interloca1 Contract, effective April 1, 1999, and entered into under authority
of the Interlocal Cooperation Act, Chapter 39.34 RCW is amended and re-stated as provided
herein.
ARTICLE 2.
Defmitions
"Asset Transfer Agreement" means an agreement between Cascade and a Member by
which the Member transfers title to Water Supply Assets to Cascade, with or without monetary
consideration, to be operated and maintained as part of the Cascade Water System.
"Authorized Issuer" means either: (a) Cascade (or a successor entity); or (b) a Member
or other entity authorized to issue Bonds for the benefit of Cascade and approved by
Resolution of the Board.
"Board" means the Board of Directors of Cascade.
Casc.ade Interloc.al Contract -1.
Amended and Restated
December 15_ 21XJ4
"Bonds" means short-term or long-term bonds, notes, warrants, certificates of
indebtedness, or other obligations issued by. or on behalf of Casc.ade.
"ByLaws" means the ByLaws of Cascade, as adopted and amended by the Board.
"Cascade" means the Cascade Water Alliance.
"Cascade ERUs" ("CERUs") means equivalent residential units, calculated according to
the Regional Capital Facilities Charge Methodology.
"Cascade Source Exchange Program" means a program adopted by Resolution of the
Board for the replacement of all or a portion of a public water systems existing water supply to
benefit stream flow and fish without serving grmvth or incre.asing that system's water supply. A
program utilizing Lake Tapps Water Supply shall include the terms and conditions for source
exchange contained in the Lake Tapps' Water Right Report of Examination.
"Cascade Source Exchange Program Agreement" means an agreement between
Cascade and a Member or another public water supplier to implement the Casc.ade Source
Exchange Program.
"Cascade Supply Date" means the date for the Founding Members and each new
Member, established by Resolution of the Board, upon which Cascade undertakes a Supply
Commitment.
_"Contract" means this Cascade \Vater Alliance Interlocal Contract.
"Demand Share" me.ans either a Member's current share of water provided through the
Supply System, or estimated share of water to be provided through the Supply System, whether
Full Supply or Interruptible Supply, expressed in millions of gallons per day. Demand Share is
calculated according to the Rate Calculation Methodology.
Cascade fnte-rfocal Contract
Amended and Restated
December 15. 200-l
-2-
"Dual Majority Vote" means Board approval ofa proposal on the basis ofa simple
majority of all Members, allowing one vote per Member, together with a simple majority of all
Members on the basis of e<Jch Member's Weighted Vote. A "simple majority" means a majority
of all Members of Cascade, not just the Members present and voting.
"65% Duall\lajority Vote" means Board approval ofa proposal on the basis ofa 65%
supennajority of all Members, allowing one vote per Member, together with 65% supennajority
of all Members on the basis of each Member' s Weighted Vote. A "supennajority" means 65% of
all Members of Cascade, not just the Members present and voting.
_"Founding Member" means the City of Belle vue, Covington Water District, the City of
Issaquah, the City of Kirkland, the City of Redmond, Sammamish Plateau Water and Sewer
District, Skyway Water and Sewer District, and the City of Tuk\vilfL
"Gross Cascade Revenue" means all of the earnings and revenues received by Cascade
from any source whatsoever including but not limited to: (a) Member Charges; (b) revenues from
the sale, lease or furnishing of other commodities, services, properties or facilities; ( c) the receipt
of earnings from the investment of money in any maintenance fund or similar fund; (d) and
withdrawals from any rate reserve or rate stabilization fund or account.
However, Gross Cascade Revenue shall not include: (a) principal proceeds of Bonds or
any other bOITO\vings, or earnings or proceeds from any investments in a trust, defeasance or
escrow fund created to defease or refund obligations relating to the Water Supply System (until
commingled with other earnings and revenues included in Gross Cascade Revenue) or held in a
special account for the purpose of paying a rebate to the United States Government under the
Code; (b) taxes and other income and revenue which may not legally be pledged for revenue bond
Cascade Interlocal Contract
AmondeJ and Restated
Decembe-r 15. 2(){)..l
-3-
debt service; ( c) improvement district assessments; (d) federal or state grants allocated to capital
projects; (e) payments under Bond Insurance or other credit enhancement policy or device;
(f) insurance or condemnation proceeds used for the replacement of capital projects or equipment;
(g) earnings in any construction fund or bond redemption fund; (h) deposits to any rate reserve or
rate stabilization fund or account; or (i) any revenues generated by any Independent Supply
except those amounts that are payable to Cascade pursuant to this Contract or another interlocal
agreement.
"Independent Supply" or "Independent Supplies" means a Member's Water Supply
Assets that are not part of the Supply System.
"Member" or "IUembers" means one or more member agencies of Cascade.
"Member Charges" means all payments that Cascade Members are required by this
Contract to make to Cascade, including but not limited to all Rates and Charges, RCFCs, dues,
assessments and other payments ITom Members.
"Net Cascade Revenue" means Gross Cascade Revenue less Operations and
Maintenance Costs.
"Non-Member" means any person or agency that is not a party to this Contract.
"Operations and l\Iaintenance Costs" or "0&J\r1 Costs" means all expenses incurred
by Cascade to operate and maintain the Supply System in good repair, working order and
condition, including without limitation, payments made to any other public or private entity for
water or other utility service. Except as approved by the Board, Operations and Maintenance
Costs shall not include any depreciation, capital additions or capital replacements to the Supply
System.
C=de Interlocal Contract
Amended and Restated
December 15. 2004
-4-
"Rates and Charges" means the rates and charges (not including RCFCs) chargeable to
each Member using the Rate Calculation Methodology plus any late payment or other charge that
may be due.
"Rate Calculation Methodology" means the method of setting Rates and Charges
adopted by the Board in accordance with Section 7.5.
"Regional Capital Facilities Charges" ("RCFCs") means the charges to each Member
for new CERUs connected to that Member's water distribution system.
"Regional Capital Facilities Charge Methodology" ("RCFC Methodology") means
the method of determining the RCFCs adopted by the Board in accordance with Section 5.5.
"Satellite Systems" means water supply facilities identified as such by the Board,
including but not limited to facilities that serve a portion of a Member's customers but that are not
part of the Member's main water system.
"Seattle Contract Purveyor" or "Seattle Contract Purveyors" means a Member that is
or was a party to The City of Seattle Water Purveyor Contracts, Version A or Version B, dated
November 1981 (as amended) executed prior to July I, 1998.
"Supply Commitment" means the obligation undertaken by Cascade, established by
Resolution of the Board to supply water to a Member. With respect to Members, that obligation
shall be characterized as "Full Supply Commitment," or an "Interruptible Supply
Commitment" defined as follows:
"Full Supply Commitment" for any or all of a J'vfember's water needs means that those
needs, as projected in-the Member's lawfully adopted water supply plan, shall be met ITom the
Supply System, net of independent supply and subject to the other limitations established in this
Cascade Interlocal Contract
Amended and Restated
December 15.200.1
-5-
agreement, on an equal parity with all other Full Supply Commitments, and with a guaranteed
priority no lower than for any other Supply Commitment made by Cascade; provided that no
Member is guaranteed any given amount of supply or capacity.
"Interruptible Supply Commitment" means a supply of all or part of a Member's
water needs ITom the Supply System on an as-available basis on a lower priority than any Full
Supply Commitment.
The Supply Commitment for a Member shall be defined by this Interlocal Contact, the
tenns and conditions of membership, and the Supply Commitment resolution.
"Supply System" means the Water Supply Assets owned or controlled by Casc-ade.
"Water Supply Assets" means tangible and intangible assets usable in connection with
the provision of water supply, including without limitation, real property, physical facilities (e.g.,
dams, wells, treatment plants, pump stations, reservoirs, and transmission lines), water rights,
capacity and/or contractual rights in facilities or resources owned by other entities, and
investments in conservation programs and facilities.
"'Vatershed 1\-fanagement Plan" means a plan adopted by Cascade for purposes of
regional water supply, water transmission, water quality or protection, or any other water-related
purpose, including but not limited to the plans identified in RCW 39.34.190 (3).
"Water Supply Plan" means the Cascade Regional Water Supply Plan (which may
include the Cascade Watershed Management Plan) adopted by the Board as provided in Section
8.1 and S.2.
"Weighted Vote" means a vote in which each Member's vote is counted according to
the Member's Demand Share, but no Member shall have a Weighted Vote ofless than one.
Cascade InterlocaJ Contract
Amended and Restated
J:).xember J 5_ 200-1
-6-
ARTICLE 3. Formation of Entity; Purpose and Powers
Section 3.1 Formation. The Cascade Water Alliance was created on April I, 1999 as a
public body and an instrumentality of its Members, which exercises essential governmental
functions on its Members' behalf as authorized by the Interloca\ Cooperation Act (RCW 39.34).
Cascade is incorporated under RCW 39.34.040(3) as a public nonprofit corporation in the manner
set forth in RCW 24.03 or 24.06 and it may, with Board approval, be incorporated as a
partnership in the manner set forth in RCW 25.04, or the Board may organize the form of
Cascade in any other manner permitted by law. In addition to its status under any other applicable
law, Cascade shall constitute a "watershed management partnership" as provided in Chapter
39.34 RCW. The Board may approve the filing of Articles of Incorporation or similar documents
in connection with incorporating Cascade or organizing it in some other manner.
Section 3.2 Membership. Subject to restrictions on future Cascade water.rights, or to
limitations upon water's place of use imposed by contract or permit, any municipal water utility
serving within the Central Puget Sound Region may be admitted to Cascade. The decision to
admit new Members rests v.-ith the sole discretion of the Board, which shall determine whether to
ex1:end a membership offer taking into consideration the audit findings, Cascade water resources,
and any other factors the Board deems. advisable.
When a municipality applies for membership, Casc.ade shaH conduct a water supply audit
according to the methodology and within the period determined by the Board. Audit results shall
be provided to the Board and to the applicant.
If a membership offer is extended, it shall address the nature of the Water Supply Assets
being transferred or retained and the "value" of those assets in tenus of the calculation of an
Cascade Interloc.a1 Contract
Amended and Restated
December ]5_ 2~
-7-
applicant's Demand Share, RCFCs and other matters relating to the rights and obligations of the
applicant and Cascade, which must be recorded in the form that the Board detennines and which
will constitute, along with this Contract, the conditions under which an applicant becomes a
Member of Cascade. An applicant for membership shall be admitted by adoption of a Resolution
of the Board accepting the application for membership and incorporating the terms and conditions
of membership.
Each membership application must be accompanied by a nonrefundable application fee
based on the cost of the audit and other costs related to the admission of a new Member or a
request for new supply_ The Board shall set the application fee for each applicant based on the
estimated cost of processing the application, including the cost of the audit.
As a condition of membership, each new Member admitted to Cascade shall, in addition to
any other applicable fees, rates, charges or assessments, pay to Cascade the membership fee, as
established by the Board_
If an appJicant's pJanning process or plans are materially out of compliance with the
requirements of the Grmvth Management Act, the Board may condition an offer of membership
upon the applicant's compliance with that act.
Section 3.3 Conversion to Municipal Corporation Status. In accordance with
Section lOA, Cascade may be converted into a separate municipal corporation if, and as permitted
by law. Upon the creation of such a separate municipal corporation, all Cascade rights and
Jbligations and all Member rights and obligations under this Contract shall transfer to that new
municipai corporation_
Cascade Interlocal Contract
Amended and Re..siak~~
D.:ccmb{:r15_'2f;.....:
-8-
Section 3.4 Purposes. Cascade's purposes include only those related to water
resources, and do not include the provision of other general se1"\.~ces to the public, and are to:
a. provide a safe, reliable and high quality drinking water supply to meet the current
and projected demands of Cascade Members serving the Central Puget Sound
Region, and for Non-Members as determined by Cascade, and to cany out this
task in a coordinated, cost-effective, and environmentally sensitive manner;
b. develop, contract for, manage, acquire, m'ln, maintain and operate Water Supply
Assets, including without linlitation, surfac-e water supplies, groundwater supplies,
reclaimed water supplies, and other water supply resources as determined by the
Board;
c. contract with Seattle to transfer to Cascade and to modifY Seattle's rights and
duties ",~th respect to Seattle Contract Purveyors;
d. contract for, or assume certain contractual rights and duties related to the Tacoma
Second Supply Pipeline project;
e. purchase and provide water supply, transmission sef\oic-es, treatment facilities and
other related services;
f provide conservation programs to promote the wise and efficient use of resources;
g. cany out emergency water supply and shortage management programs for its
Members when demands exceed available supply;
h. coordinate and plan cooperatively with other regional or local water utilities and
other entities to maximize supply availability and to minimize system costs;
1. develop a Water Supply Plan addressing the needs of its Members and develop a
Watershed :Management Plan se1"\.~ng the needs of its Members and Cascade itself
and_develop a regional water supply plan ,vith other water providers as Cascade
may find convenient or necessary to meet regional, state and federal planning
requirements, and to take a leadership role in developing and C-Oordinating those
supply plans;
J. share costs and risks among Members commensurate "'lith benefits received; and
k. cany out, or to further other water supply purposes that the Members determine,
consistent with the provisions of this Contract.
Ca5('adelnterlocal Contract
Amended and Restated
December 15~ 2()()4
-9-
Section 3.5 Powers. To further its purposes, Casc~de has the full power and authority
to exercise all powers authorized or permitted under RCW 39.34 and any other laws that are now,
or in the future may be, applicable or available to Cascade and to engage in all activities incidental
or conducive to the attainment of the purposes set forth in Section 3.4 of this Contract, including
but not limited to the authority to:
a. acquire, construct, receive, OW-n, manage, lease and sell real property, personal
property, intangible property and other Water Supply Assets;
b. operate and maintain facilities;
c. enter into contracts;
d. hire and fire personnel;
e. sue and be sued,
f exercise the power of eminent domain (through its Members at their individual
discretion, unless and until Cascade has that power under applicable law);
g. impose, alter, regulate, control and collect rates, charges, and assessments,
h. purchase and sell water and services within and outside the geographical
boundaries of its Members;
I. borrow money (through its Members or other entities at their individual discretion
or as authorized by Chapter 39.34 RCW now or in the future), or enter into other
financing arrangements;
J. lend money or provide services or facilities to any Member, other governmental
water utilities, or governmental service providers;
k. invest its funds;
I. establish policies, guidelines, or regulations to carry out its powers and
responsibilities;
m. purchase insurance, including participation in pooled insurance and self-insurance
programs, and indell1IlifY its Members, officers and employees in accordance \vith
law;
n. exercise all other powers within the authority of, and that may be exercised
Cascade Interlocal Contract -10-
Amended and Restated
.December 15~ 2QO..1
individually by all of its Members with respect to water supply, conservation,
reuse, treatment and transmission, or any of the other purposes set forth in Section
3_4~
o. exercise all other powers within the authority of, and that may be exercised
individually by all its Members with respect to watershed planning and
management; and_
p. exercise all other corporate powers that Cascade may exercise under the law
relating to its formation and that are not inconsistent with this Interlocal Contract
or vvith Chapter 39.34 RCW or other applicable law_
ARTICLE 4. Organization Structure; Board
Section 4.1 Composition, ByLaws and Meetings. Cascade is governed by a Board
of Directors consisting of one individual representative appointed by Resolution of the Member's
legislative authority. Members may similarly appoint Alternate Board Members. Each Board
Member and each Alternate Board Member must be an elected official of the Member.
The Board shall adopt ByLaws consistent \vith this Interlocal Contract that specifY, among
other matters, the month of Cascade's Annual Meeting, Board powers and duties and those of the
Executive Committee, Standing Committees, Officers and employees.
The Board shall meet as required by the ByLaws, but no less than quarterly_
SectioD 4.2 Powers of the Board. The Board has the power to take all actions on
Cascade's behalf in accordance with voting provisions set forth in Section 4.3. The Board may
delegate to the Executive Committee or to specific Cascade Officers or employees any action that
does Dot require Board approval under this Contract.
Section 4.3 Voting. All Board actions must be approved by Dual Majority Vote of all
Members, except where this Contract requires either a 65% Dual Majority Vote, as provided in
Sections 5.2,5.5,7.1,7.3,8.3, 10.3,10.4, and Article 11; or ratification by the Members'
Cascade InterlocaJ Contract
Amended and Re:statro
Deci=mber 15_2004
-It-
legislative authority, as provided in Section lOA and Article 11. The Board may act by voice
votes, as set forth in the ByLaws. Any Member may require a recorded tabulation of votes either
before or immediately after a voice vote is taken. Although voting is, in part, based on Weighted
Vote, the Members expressly agree that there is only one class of voting membership, and voting
occurs within that single class_
Any Member that has been declared to be in default of its obligations under this Interlocal
Contract by the Board shall lose its right to vote until the Board has declared the default to be
cured.
Section 4.4 Officers and Committees. Cascade Officers shall include a Chair, a Vice
Chair, a Secretary and a Treasurer The Chair serves as the chair of the Board (and may be knOWl1
as the "Presidenf', if the ByLaws so designate) and perfonns those duties set forth in the ByLaws.
The Vice Chair shall perform the duties of the Chair in the Chair's absence and shall
perform other duties as set forth in the ByLaws. The Secretary shall be responsible for Cascade
records and performs other duties as set forth in the ByLaws. The Treasurer shall be responsible
for Cascade accounts and financial records and perfonns other duties as set forth in the ByLaws.
Consistent with the provisions of this Contract, the Board may, in the ByLaws, establish
additional Officers and set forth their duties.
The Board may create and appoint Members to Standing Committees and special
committees as it deems appropriate. Committee Members need not be elected officials or
employees of Members, but Standing Committee Chairs must be Board Members or Alternate
Board Members.
Casc.ade InterlocaJ Contract
Amended and R",,--mted
D:cember 15. 2O()..:t
-12-
Section 4.5 Executive Committee. The ChaiL Vice Chair, Secretary, Treasurer and
chairpersons of Standing Committees together constitute Cascade's Executive Committee. The
Chair (or acting Chair) shall vote on matters before the Executive Committee only if necessary to
break a tie. The Executive Committee's duties and responsibilities are set forth in the ByLaws.
The Executive Committee shall not have the power to:
a. approve any contract for a term longer than three years;
b. approve any contract involving expenditure by, or revenue to Cascade in excess of
such amounts and under such circumstane-es as set forth in the ByLaws;
c. retain or dismiss the chief executive officer or determine the chief executive
officer's compensation; or
d. take any actions expressly reserved to the Board by this Contract or the ByLaws.
The Executive Committee shall have the authority, if necessary, to avoid default on any
Bond, to withdraw ITom any capital reserve fund or rate stabilization fund, an amount equal to the
amount necessary to avoid a default and to authorize payment of that amount to avoid default.
Section 4.6 Staff, Consultants and Contractors. Cascade staff shall consist of a chief
executive officer and other positions established by the Board. The Board shall appoint, designate
the title of, and establish the compensation range of the e-hief executive officer. The Board shall
hire or retain legal counsel and independent accountants and auditors for Cascade. The authority
to hire other e-onsultants may be delegated to the Executive Committee. The e-hief exee-utive
offie-er appoints persons to fill other staff positions, and those appointments may be subjee-t to
ratification by the Board or the Executive Committee if the ByLaws so provide. The Board may
also provide that administrative, professional or technical services be performed by contract.
C=de Interlo<:aI Contract
Amended and Restated
December 15.2004
-13-
Section 4.7 Budget; Dues; Financial Management. The Board must approve an
annual budget detennining Cascade's revenues and expenditures no later that sixty (60) days
before the beginning of the fiscal year in which that budget will be in effect. The budget will be
developed and approved according to a schedule established by the ByLaws. The budget must
identifY the levels of Member Charges on which revenue projections are based. The Board may
amend the budget.
Each Member must pay annual dues to deuay part of Cascade's administrative costs based
on the number ofCERUs served by its water system, regardless of water usage or capacity, and
regardless of whether those units are served by the Supply System or by Independent Supply.
Total dues collected uom all Members may not exceed the greater of$l,OOO,OOO_OO or 5% of
Cascade's annual revenue requirement, less debt service. The Board may establish minimum
annual dues per Member and may provide that less than all of a Member's CERUs be taken into
account in establishing dues.
All Cascade books and records shall be open to inspection by the Washington State
Auditor.
ARTICLE 5. Asset Development and Supply Commitment
Section 5.1 Property Acquisition, Ownership and Disposition. Cascade may
construct, purchase, rent, lease, manage, contract for, or othemise acquire and dispose of Water
Supply Assets and other assets_ Cascade may control and manage both the assets it owns and the
assets that are owned by Members that have transferred control and management of those assets
to Cascade. This Contract does not vest in Cascade any authority '.vith respect to Members' other
facilities or assets, such as Water Supply Assets retained by Members as Independent Supply.
Casc.ade Interloc.al Contract
Amended and Re:.--tated
December 15~ 2OQ...J.
-14-
Subject to Cascade's agreement, a r.-fember may transfer to Cascade its title to, or
operational control and management of Water Supply Assets. Water Supply Assets may also be
fuHy retained by Members as Independent Supply, subject to the provisions of Artide 6. At the
discretion of the Board, Cascade may accept title to, or operational control and management of
Water Supply Assets offered by Members or accept supply assets that constitute all or part of a
Member's Satellite System(s)_ The Board may' accept supply assets subject to the terms and
conditions arranged between Cascade and the Member, based on the result of the audit process
and mutual needs_
Cascade may enter into Asset Transfer Agreements which shall provide for the terms and
conditions of: (a) Cascade's operation of the transferred Water Supply Asset with respect to the
Member transferring the asset; (b) Cascade's operation, maintenance and replacement of the
Water Supply Asset as part of the Supply System; (c) return or disposition of the Water Supply
Asset if Cascade tenninates its existence or the Member withdraws; (d) continuation of service (if
appropriate) to Members or former Members by the Member receiving the Water Supply Asset at
reasonable rates and charges or payment to Cascade of the cost of replacing the Water Supply
Asset; and (e) such other conditions as the Board and the Member agree upon.
Members shall not be deemed to hold legal ownership rights in any Water Supply Assets
OW11ed by Cascade, whether those Water Supply Assets have been developed by, purchased by, or
transferred to Cascade, and regardless of the accounting treatment of RCFC payments and other
payments made to Cascade.
Section 5.2 Supply Commitment
Cascade Interlocal Contract -15-
Amended and R<Statoo
December 15. 200-1-
Section 5.2.1 Commitment to Members. Beginning on the Cascade Supply
Date, Cascade shall provide a Full Supply COlIuuitment to each Founding Member. Thereafter,
Cascade shall provide a Full Supply Commitment to meet aU current and future water supply
needs of a Member that joins with Water Supply Assets sufficient to provide for its needs during
the following fifteen (15) years (whether or not those Water Supply Assets are transferred to
Cascade or retained as Independent S~pp!y) commencing on the Member's Cascade Supply Date.
''''hen a supply contract is negotiated with Seattle, any Member that is a Seattle Contract
Purveyor shall relinquish its rights under its Seattle Water Purveyor Contract to Cascade and
execute such documents as may be necessary to transfer those rights to Cascade. Cascade shall
accept those rights and a corresponding obligation to provide a Full Supply Commitment (net of
Independent Supply). The approval of a contract with the City of Seattle providing for the initial
acquisition of rights to substantial Water Supply Assets, and any material amendment to that
contract, shall be effective upon a 65% Dual Majority Vote.
Any Full Supply Commitment shall be subject to water shortages, to Cascade's ability to
implement the Water Supply Plan, and to the portion of the Member's needs that can be served by
the audited capacity of its Independent Supply. If the needed supply is not available, the shortage
shall be shared by all the Members in accordance with Cascade's shortage management plan,
except as otherwise provided in Section 5.5. Cascade is not obligated to provide water supply to
service area expansions in or outside the urban growth boundary, unless Cascade agrees to such
expanded service area. However, Cascade shall be obligated to provide water supply to the entire
service area of each Member (as that service area is defined in terms under which the Member
was admitted), whether or not some of that service area is \vithin the Member's current
Cascade Interlocal Coolract
Amended and Restated
Ikcember 15. 200.t
-16-
jurisdictional boundaries and/or within the current urban grow1h boundary. Cascade is not
obligated to provide increased water supply to any Member if it is determined that the Member's
planning process or plans are materially out of compliance with the requirements of the Grow1h
Management Act.
A Member that joins with Water Supply Assets insufficient to provide for its needs for
fifteen (15) years receives the Full Supply it desires only if, when, and to the extent it is available
within reliability standards determined by Cascade's system reliability methodology. Ifsufficient
Full Supply is not available within reliability standards determined by Cascade's system reliability
methodology, the Member receives partial Full or Interruptible Supply, and Full Supply must be
provided within fifteen (15) years. Cascade shall then undertake to include in Cascade's Water
Supply Plan, and to acquire the facilities or other assets necessary in the Board's determination to
provide for that deficit. If Cascade fails to develop sufficient assets to timely provide the increased
Full Supply, the commitment becomes a Full Supply Commitment at the end of that fifteen- (15)
year period, and any shortage shall be shared by all Members in accordance with Cascade's
shortage management plan.
Ifmultiple Members request new Full Supply, requests must be honored in the order
received (i.e., in the order in which application is made accompanied by the application fee). With
respect to new Members, requests for Full Supply "yest" no earlier than the date that membership
is effective. In cases of conflict or ambiguity, the Board may determine the order of requests.
Section 5.2.2 Additional Rules for Members Retaining Independent Supply.
\,,'henever Cascade has a Supply Conunitment to a Member that retains Independent Supply,
Cascade shall provide Full Supply for all of that Member's water supply needs minus the amount
Cascade Interloca1 Contract
Amended and Restated
December 15, 2004
-17-
of water that an audit determines may be prov~ded by that Member's Independent Supply.
Members are not required to share shortages resulting ITom the loss of all or part of Independent
Supply, although Cascade may make Interruptible Supply available to a Member that loses
Independent Supply at prices that are consistent with the price ofInterruptible Supply being made
available to others at that time. Cascade may at any time and at its cost and expense carry out
audits of a Member's Independent Supply.
A Member requesting an additional Full Supply Commitment due to loss of Independent
Supply shall make that request by Resolution of the requesting Member's legislative authority.
When and as determined by the Board, the Member shall pay an amount equal to the RCFCs
allocable to the number of CERUs that can be served by the replacement supply provided or to be
provided by Cascade. Cascade shall then include the supply in its Water Supply Plan., and provide
the supply when it becomes available, but in any event within fifteen (I5) years. It; within fifteen
(IS) years the supply is not available, Cascade's commitment becomes a Full Supply Commitment
and any shortage with respect to that supply must be shared by all the Members in accordance
with the Shortage Management Plan, except as otherwise provided in Section 7.3.
Section 5.2.3
Additional Rules for Source Exchange. The Board may, at its sole
discretion, authorize a Cascade Source Exchange Program Agreement w~th a Member or Non-
Member. The terrru; and conditions of a Cascade Source Exchange Program Agreement shall be
developed ITom a source exchange proposal submitted to the Board. The agreement shall
identifY: (a) the water right (instantaneous and annual) to be augmented or replaced; (b) the Water
Supply Assets to be utilized; (c) mechanisms and arrangements for delivery of regional water; (d)
characteristics of supply obligation (for example, peak and average quantities, seasonal or annual
C=de Interfocal Contract
Amended and Restated
Decem!:<:r 15. 2Of>-l
-18-
delivery, duration, interruptibility and shortage management); (e) reporting requirements; (f)
changes in operation needed to benefit stre<m1 flow and fish; (g) rates and charges; and (h) such
other conditions as the Board and the Member or public water supplier agree UpOll. The
agreement mayor may not provide for adjustments to a Member's RCFC payments or credits and
whether or not the source exchange is a loss of a Member's Independent Supply that would be
subject to the provisions of Section 5.2.2.
Section 5.3 Financing of Assets. The acquisition of new capital facilities and other
Water Supply Assets may be financed using RCFCs, transfers of Water Supply Assets, Rates and
Charges, the issuance of revenue Bonds and such other sources as the Board may deem
appropriate.
Section 5.3.1 Issuance of Bonds. An Authorized Issuer may issue Bonds payable !Tom
and secured solely by all or a portion of Net Cascade Revenue, evidencing indebtedness up to an
amount approved by Resolution of the Board in order to provide financing or refinancing to
acquire, construct, receive, own, manage, lease or sell real property, personal property, intangible
property and other Water Supply Assets, to establish debt service reserves, to provide for
capitalized interest and to pay the costs of issuance of; and other costs related to the issuance of
the Bonds. Such Bonds shall be payable solely !Tom all or a portion of the Net Cascade Revenue
or (if the Authorized Issuer is other than Cascade) !Tom payments to be made by Cascade out of
all or a portion of Net Cascade Revenue, and such Bonds shall not pledge the full faith and credit
or taxing power or, except as expressly provided by contract, the revenue, assets or funds of any
Member.
Members serving as Authorized Issuers may conduct the financing through "separate
Cascade Interloc.al Contract
Amended and R<>"1ated
December 15~ 2004
-19-
systems" permitted by their applicable bond resolutions, or in some other appropriate manner, and
Cascade may compensate those Members for all costs associated ",ith the financing. Bond-
related documents of Authorize.d Issuers other than Cascade must expressly permit the Bonds to
be refunded or prepaid \Vithout penalty prior to their stated maturity, on and after such dates as
are approve.d by the Authorized Issuer and the Board, to allow for a transfer of the obligation to
Casc.ade or to Cascade's successor entity, including without linlltation a joint operating agency or
similar entity, as may be permitted by law.
Section 5.3.2 Pledge of Revenues. For as long as any Bonds payable from Net Cascade
Revenue (or any portion thereof) are outstanding, Cascade irrevocably pledges to establish,
maintain and collect all Member Charges in amounts sufficient to pay when due the principal of
and interest on the Bonds (and, if the Authorized Issuer is other than Cascade, in addition to the
foregoing pledge, to pledge to make timely payments to that Authorized Issuer for the payment of
principal of and interest on the Bonds), together with amounts sufficient to satisfy all debt service
reserve requirements, debt service coverage requirements, and other covenants with respect to the
Bonds.
Each Member hereby irrevocably covenants that it shall establish, maintain and collect
rates, fees or other charges for water and other services, facilities and commodities related to the
water supply it receives trom Cascade and/or its water utility at levels adequate to provide
revenues sufficient to enable the Member to: (a) make the payments required to be made under
this Contract; and (b) payor provide for payment of an other charges and obligations payable
from or constituting a charge or lien upon such revenues. Each Member hereby acknowledges
that this covenant and its covenant in Section 7.9 of this Contract may be relied upon by Bond
Casc.adc Interloc-al Conl.ro:ct
Amended and Restated
December ] 5. 2004
-20-
owners, consistent with this Contract.
Each J'...1ember shall pay the Member Charges imposed on it whether or not the Water
Supply Assets to be financed through the issuance of Bonds are completed, operable or operating,
and notwithstanding the suspension, interruption, interference, reduction or curtailment in the
operation of an}' Water Supply Assets for any reason whatsoever, in whole or in part Member
Charges shall not be subject to any reduction, whether by offset or otherwise, and shall not be
conditioned upon the performance or nonperfonnance of any Member, or of any entity under this
or any other agreement or instrument_ However, credits against future RCFCs and Rates and
Charges described in Sections 5.5 and 7.5, respectively, for development or addition of excess
capacity that is either transferred to Cascade or retained as Independent Supply, shall not be
considered "offsets" or "reductions" for the purposes of this Section.
If, in connection with the issuance of obligations, any Member establishes a new lien
position on revenues relating to its water utility, that Member shall covenant in the relevant
documents that the amounts to be paid to Cascade as Member Charges shall be treated either: (a)
as part of that Member's internal operation and maintenance costs payable prior to debt service on
those obligations; and/or (b) for any portion of those Member Charges that is aJIocable to capital
costs, as a contract resource obligation payable prior to debt service on those obligations_ If any
Member has existing outstanding revenue obligations relating to its water utility, it shall include
substantially similar "springing covenants" in the documents relating to any new parity
obligatiollS_
Section 5.3.3 Continuing Disclosure. To meet the requirements of United States
Securities and Exchange Commission ("SEC") Rule 15c2-12(b)(5) (the "Rule") as applicable to a
Casc.ade Interlocal Contract
Amended and Res!at<d
December 15. 2004
-21-
participating underwriter for any Bonds and any obJigation of each Member as an "Obligated
Person" under the Rule, Cascade and each Member agree to make an appropriate written
undertaking, respectively, for the benefit ofhoJders of the Bonds consistent with the requirements
of the Rule.
Section 5.3.4 Preservation of Tax Exemption for Interest on the Bonds. Each
i\1ember covenants that it will take all actions necessary to prevent interest on tax-exempt Bonds
from being included in gross income for federal income ta-x purposes, and it \\~ll neither take any
action nor make or permit any use of proceeds oft;Lx-exempt Bonds or other funds treated as
proceeds of those Bonds at any time during the tenn of those Bonds that wiU c~use interest on
those Bonds to be included in gross income for federal income ta-x purposes.
Section 5.3.5 Additional Certificate~. Each Member further agrees to provide such
certificates or verifications as are reasonably requested by an Authorized Issuer in connection with
the issuance of Bonds under this Section.
Section 5.4 Supply Expansions and System Extensions. Cascade must provide for
Supply System expansions and extensions to meet the needs of additional water customers of
Members, subject to consistency with applicable grow1h management plans and comprehensive
plans, Cascade's water supply plan, orderly asset development, reasonable cost and financing
capacity. The Board shall establish a water supply development process, including criteria
governing the evaluation of new projects, and that process must promote equality of costs and
services (other than direct loc~ sef\~ces), regardless of geographic location. The results of the
water supply planning process must be reflected in Casc,ade's Water Supply Plan, The Board shall
have the authority to undertake new projects identified in Cascade's Water Supply Plan for the
Cascade In1erlocal Contract
Amended and Restated
December 1502004
-22-
expansion of Water Supply Assets and regional transmission system e:.."tensions to meet Members'
projecled needs. To reduce costs, Casc-ade may, to the extent that the Board deems advisable.
enter into agreements with Members to wheel water through their existing systems. \Vhen
facilities are constructed that are used partially by Cascade for wheeling water and partially by
Members or other entities for their purposes, the Board may determine an appropriate Cascade
contribution to the cost of those facilities. Existing arrangements anlOng Members (and between
Members and Non-Members), in place when a Member joins Cascade, remain unaffected except
as otherwise agreed between Cascade and the other entities concerned.
Section 5.5 Regional Capital Facilities Charges. To allocate growth costs to those
Members that require capacity increases, each Member shall pay to Casc-ade an RCFC for each
new CERU connected to its water distribution systeIlL Grow1h in water usage by existing CERUs
is not subject to RCFCs unless that growth e-onstitutes a CERU increase as provided in the RCFC
Methodology. Members with a supply deficit must pay an RCFC commensurate with that deficit.
To the extent that a Member transfers to Cascade or retains as Independent Supply water supply
in excess of its needs, it receives a corresponding credit against future RCFCs.
Subject to the provisions of Section 5.2.2, a Founding Member pays no RCFCs with
respect to the number ofCERUs served as ofJanuary 31, 2003, or other such later date as
determined by Resolution of the Board.
A new Member with adequate supply shall commence paying RCFCs fifteen (15) years
prior to the date that its Water Supply Assets are projected to be insufficient to provide for its
needs as determined by the Board (taking into consideration the results of the Water Supply
Audit).
Casc~de Inlerlocal Contract
Amended and Restated
December 15,.2QO-.i,
~23-
A Member that joins with Water Supply Assets that are projected to be insufficient to
provide for its needs for fIfteen (15) years shall immediately pay RCFCs for the number of CERUs
representing the deficit as determined by the Board.
RCFCs shall be calculated according to the RCFC Methodology, which shall define the
analytica] steps required to calculate the RCFCs according to the greater of: (a) the incremental
difference between the average unit cost of expanding the system (i.e., the marginal cost of new
c-apacity) and the average unit cost of the existing system; or (b) the average unit cost of past
construction of the existing system plus then-planned Supply System improvements. The
methodology shall provide for an annual esc-alator, recalculation and update not less rrequently
than every fifth year, and a methodology for determining CERUs. The RCFCs shall be imposed
on the Member for each new CERU of that Member in accordance with the terms of this
Contract. Amendments to the RCFC .\fethodology shall require a 65% Dual Majority Vote.
Ifa Founding Member owns Water Supply Assets or transfers Water Supply Assets to
Cascade under Section 5.1, to the extent the audited capacity ofthose assets (including Seattle
Contract Purveyor rights) exceeds the Member's needs, that Member shall receive a credit against
future RCFCs. If a Member seeks to transfer assets substantially in excess of its foreseeable needs,
Cascade may negotiate appropriate compensation arrangements for the transfer.
Members that develop new Independent Supply that is approved by the Board in
accordance ,vith Article 6, similarly receive a credit effective when the Independent Supply is
placed in service as determined by the Board.
A Member that accepts ownership of a Satellite System that Cascade agrees to serve shall
pay an RCFC for the amount of supply needed to serve that system in excess of its rated c-apacity.
Cascade Interloc.al Contract
Amended and Restated
:I:ftxember 150 20CJ..1-
-2-l-
Members that eJl.-perience a net reduction in the number of CERUs served shall receive a
CERU-for -CERU credit against future RCFCs_
RCFC credits may not be transferred among Members without Board approval.
Members shall not be required to pass RCFCs to their customers as capital facilities
charges, but may provide for the payment ofRCFCs in whatever manner they deem appropriate_
For Members joining with an urunet net supply need, Cascade may, under circumstances
determined by the Board, require the prepayment of RCFCs allocable to the full amount of the
requested supply, i.e., when funds are needed to begin the construction of facilities irnmediately_
Section 5.6 Transfer Upon Mergers, Consolidations and Assumptions. If: (a) two
or more Members merge or consolidate; (b) a Member or a Non-Member assumes jurisdiction of
part or all of a Member; or (c) a Member assumes jurisdiction of part or all of a Non-Member, the
jurisdictions' water supply rights ITom and obligations to Cascade must be transferred or assumed
under applicable law and consistent with the requirements of this Contract and the obligations of
Cascade_
ARTICLE 6.
New Independent Supply
Members may not bring new Water Supply Assets on-line as Independent Supply without
Board approval_ That approval may be granted or denied following an evaluation process, based
on whether the Board determines that development of the proposed Independent Supply will
benefit or be adverse to the interests of the Members as a whok Recognizing that in certain
circumstances the acquisition of additional Independent Supply might benefit (or cause no
material harm to) the Members, new supplies under one (I) MGD may be approved by the Board
regardless of the provisions of the Water Supply Plan and without a fonnal evaluation process.
Cascade Interlocal Confrnct
Amended and Restated
December ]5_ 200.
-25.
New supplies in amounts greater than one (1) MGD must be described in and be consistent \\~th
the Water Supply Plan.
Members that have invested in the development of new Independent Supply assets may
offer to sell their interest in such assets to Cascade. Cascade may, in its sole discretion and subject
to mutually agreeable terms and conditions, purchase the Member's interest in such Independent
Supply asset by reimbursing or otherwise compensating the Member for its investment in the
project to the e:-..'tent that investment has been capitalized. Once Cascade has purchased a
Member's interest in a project, the project will be considered a Water Supply Asset of Cascade
and be incorporated into the Water Supply Plan.
ARTICLE 7. . Asset Management
Section 7.1 Supply System Management. Cascade is responsible for managing, on
behalf of all Members, the Supply System. Cascade is not responsible for managing Independent
Supply unless it has expressly agreed to do so. Supply System management responsibilities shall
be governed by Cascade's system management plan adopted by the Board. Cascade's system
management plan concerns, \\~thout limitation, matters such as daily system operations and
maintenance, interface with other supply prm.~ders, CDntractual obligations, water quality, billing,
management and administration. Cascade may delegate and/or contract out its Supply System
responsibilities.
Cascade must manage the Supply System in CDmpliance with applicable laws, regulations
and Cascade's minimum service standards. Adoption and amendments to the minimum service
standards shall require a 65% Dual Majority Vote.
Cascade InterlocaJ Contract
Amended and Restaiee
IJecember 15. 2C-
-26-
Section 7.2 Conservation. Cascade shall develop and carry out, and 1\Jembers must
participate in, water conservation progran1s that are uniform among Members. The Board shall
develop and implement a Cascade conservation management plan that provides a mandatory base
conservation program that functions to reduce both average and peak demands and may establish
a charge or assessment to fund development and implementation of the program. Members may
implement additional conservation programs. The Board may adopt wholesale charges in addition
to normal Demand Share charges to encourage resource conservation. The Board may also
provide or contribute to additional local conservation programs that are not offered to all
Members, and these local programs may be locally funded or funded by Casc-ade. Members that
fail to comply with base programs as set forth in Cascade's conservation management plan may be
required to assume a disproportionate reduction in water supply or to pay penalty charges, or
both.
Section 7.3 Shortages and Emergency.
Section 7.3.1 Shortages. Members must respond to water shortages in a collective,
shared fashion under a Cascade shortage management plan adopted by the Board. Resources must
be shared in a manner that reduces the risk of severe shortages to each Member. Casc-ade's
shortage management plan may include without limitation, a definition and classification of
shortages, a shortage contingency plan including mandatory programmatic actions among all
Members in the event of shortages, allocation of authority for determining and responding to
shortages, and a communications and outreach program for the public. Members shall not be
required to implement Cascade's shortage management plan in areas not served by the Supply
System.
Ca.sc.ade Interlocal Contract
Amended and Restated
December 15, 2004
-27-
In the event of shortages, Cascade shall reduce or halt Interruptible Supply before
invoking the Shortage Management Plan \vith respect to all Members \vith a Full Supply
Commitment. However, the Board may, by 65% Dual Majority Vote, continue service in the
amounts it deems appropriate to one or more }..fembers receiving Interruptible Supply.
The Board may require that Members failing to comply with mandatory sho:tage
management programs implemented under Cascade's shortage management plan assume a
disproportionate reduction in supply or pay penalty charges, or hoth.
In the event of a Cascade-wide water shortage, Members with Independent Supply may,
without penalty, decline to participate in the shortage management program for that shortage by
foregoing all supply from Cascade for the duration of the emergency or shortage.
To avoid shortages resulting from emergencies or the inability to develop sufficient
supplies, the Board may, by 65% Dual Majority Vote, establish moratoria on connections or
additional commitments for future water services by the Members. A moratorium may be
discontinued by a Dual Majority Vote of the Board.
Section 7.3.2. Emergency. The Board shall include in Cascade's shortage management
plan policies and procedures for addressing short-term disruptions of water supply, transmission
or water quality, and it may delegate to the General Manager authority to address such
disruptions according to such policies and procedures.
Section 7.4 Water Quality. Cascade shall he responsible for water quality that meets
or exceeds all federal or state requirements at the point of delivery from Cascade to the Member,
consistent with applicable laws and regulations. Cascade assumes source water quality
responsibility and liability with respect to Water Supply Assets under its oWllership or control
Cascade Interlocal Contract
Amende<! and Restate<!
December 15.2004
-28-
(including water wheeled to a Member through another ~Iember's facilities). Cascade is also
responsible for preparing and carrying out water quality activities compatible with the water
quality requirements of regional water suppliers integrated with Cascade's system (e.g., Tacoma,
Everett and Seattle).
Cascade may, in its sole discretion, determine and adjust the appropriate method and level
of treatment of water that it supplies, so long as that water meets applicable state and federal
requirements. If water that it supplies meets those requirements, Cascade shall not be obligated to
adjust the method or level of treatment so that the water can be more readily blended with a
Member's Independent Supply or more readily transmitted through a Member's internal system.
Each Member shall remain responsible for water quality \~ithin its respective distribution system,
assuming that adequate water supply quality is provided by Cascade at the point of delivery ITOm
Cascade.
Each Member shall be responsible for all costs related to making water supplied by
Cascade compatible with that Member's internal system, including but not limited to, costs of
additional treatment.
Section 7.5 Water Supply Rates and Charges. The Board shall set Rates and
Charges according to a Rate Calculation Methodology adopted ITom time to time by the Board.
The Rate Calculation Methodology for Members' Supply Commitment shall provide for the
definition and calculation of Demand Shares and for a uniform pricing structure with a conunodity
charge and fixed charges allocated by Demand Share.
Cascade may sell water to a Non-Member under terms and conditions established by the
Board. The terms and conditions shall not be more favorable than the terms and conditions under
Cascade Interlocal Contract
Amended and ReslateJ
Deeember 15, 20m
-29-
which water is sold to Members. Revenue received rrom the sale of water to Non-l'v[embers shall
be used to offset or reduce Rates and Charges to Members to the extent practicable, except that
such revenue need not be treated as reducing or offsetting those amounts that are necessary for
the payment of debt service on Bonds and for the provision of reserve and coverage requirements
for the Bonds.
A Member shall be assigned a Demand Share based on the Board's best estimate of
c~pacity to be used by that Member. Initially, the Board may base its estimate on a Seattle
Contract Purveyor's use of water from Seattle. For a Member that joins ,vithout a supply history
as a Seattle Contract Purveyor, or for a I\.fember that has received only part of its water trom
Seattle, the Demand Share shall be established based on an audit of that Member's past three (3)
years of water use. After three (3) years as a Member, the baseline demand and capacity
obligation for that Member shall be fixed based on actual experience as a Member. Specific
Demand Shares may be set by the Board to account for circumstances, such as (by way of
example and not by limitation) costs of extending the Supply System to a Member, or when
Independent Supplies affect regional demand patterns. When water supply from Cascade is
wheeled through a Member to another Member, Cascade may presume that the first Member
receiving the water is the "User" for calculation of Demand Shares unless the Members concerned
instruct Cascade to use a different allocation. Rate credits for Water Supply Asset transfers are
not deducted in the calculation of Demand Shares but are applied to reduce what a Member
would othef\vise pay.
The Board must set Member Charges at levels it determines to be sufficient, together with
other available revenue sources, to provide adequately for Operation and Maintenance Costs,
Ca=de Interlocm ConlIact
Amended and Reo.'lated
December 15~ 2004
-30-
Bond debt service, coverage and other covenants, replacement and renewal of facilities, reserves
and other costs that the Board deems appropriate_ The Board may provide that a Member's
failure to participate in the planning process may result in penalty charges_
A Member that has transferred Water Supply Assets shall receive a credit, determined
when those assets are audited and transferred, based on the useful life of those facilities and on the
Member's use of the water produced by those assets or an amount of water equivalent to the
amount of supply from them.
The Board may implement wholesale charges (additional to Demand Share-based charges
and variable commodity charges) to reduce extreme peak use (e.g., "peaking-off of the pipe")_
Water Rates and Charges must be the same for all Members receiving the same class of
service (subject to credits, surcharges and penalty charges).
Section 7.6
New 'Vater Surcharge.
Anew water surcharge of$0_75 per 100 cubic feet (cd) shall be imposed, effective on the
Cascade Supply Date, and continue through December 31, 2011. It shall be applicable to all water
purchased by Members over and above each Member's Old Water Allowance in the Seattle
Purveyor Contract, if applicable, or to all water purchased by non-Seattle Purveyor Members.
New water surcharge revenues shall be used to offset or reduce Rates and Charges to Members to
the extent practicable, except that such revenue need not be treated as reducing or offsetting those
amounts that are necessary for payment of debt service on Bonds and for the provision of reserve
and coverage requirements for the Bonds.
Section 7.7 Franchises and Easements. Except to the extent othenvise required by
state law, each Member shall provide franchises and rights of way on, under or across that
Casc.ade Interlocal Contract
Amended and Restated
Deeember 15_ 2()o'\
-31-
Member's streets or other property, to Cascade and to other Members for Water Supply Assets,
without charging any fees, rent or charges other than the customary and usual right-of-way permit
and inspection fees.
Section 7.8 Sales of Water to Non-Members. Unless approved by the Board, a
Member shall not sell water, including source exchange water, supplied ~y Cascade, nor shall a
Member sell Independent Supply offset by water supplied by Cascade, to a Non-Member.
Notwithstanding the foregoing, any Member may sell water supplied by Cascade to a
Non-Member to the extent required by a contract in effect as of the date the Member joins
Cascade.
Section 7.9 Payment Procedures; Default; Step-Up Provisions.
Section 7.9.1 Invoice and Payment.
(a) Cascade shall provide each Member \vith periodic invoices.shov,ing the Member
Charges payable by that Member for the billing period and the due date. Invoices shall be
provided monthly or on other such periodic schedule as determined by the Board. but no more
frequently than monthly nor less frequently than once every six months. The Board will determine
a due date for all invoices.
(b) Payment of any and all invoices shall be due and payable on or before the due date,
and shall be made by wire transfer or such other means as are agreed to by Cascade and the
Member. If a treasurer, trustee, fiscal agent or escrow agent is appointed in connection with the
issuance of Bonds, Cascade may require, and specify on the invoice, that certain amounts be
provided directly to that person or entity, and the Member shall pay those amounts in the manner
and to the person so specified.
Cascade Interlocal Contract
Amended and Restated
December 15.2O().j
-32-
(c) If full payment of any invoice is not received on or before the due date, such payment
shall be considered past due and a late payment charge shall accrue for each day that the invoice
remains unpaid. The late payment charge shall equal the product of the unpaid amount and an
interest rate established by the Board_ Late payment charges shall continue to accumulate until
the unpaid amount of the invoice and all late payment charges are paid in fulL Further, if an
invoice or any portion thereof remains unpaid for more than si'\.'ty (60) days after the due date,
Cascade may pursue any legally available remedy at law or equity for the unpaid amount,
including without limitation, specific performance and collection of the late payment charge_
Cascade's right to enforce payments in this regard may be assigned to a treasurer, trustee, credit
enhancement provider or other entity. Furthermore, upon written notice, Cascade may reduce or
suspend delivery of water until the invoice and late payment charges are paid_
(d) If any Member disputes all or any portion of an invoice, it shall notifY Cascade
immediately upon receipt. If Cascade does not concur, the Member shall remit payment of the
invoice in full, accompanied by written notice to Cascade indicating the portions of the invoice
that the Member disputes and the reasons for the dispute. The Member and Cascade shall make a
good faith effort to resolve such dispute. If the Member fails to remit payment of the invoice in
full pending resolution of the dispute, the prevailing party in an action relating to the collection of
that invoice shall be entitled to reasonable attorney fees and costs.
Section 7.9.2 Default and Step-Up.
(a) If any Member fails to make any payment in full for more than fifty (50) days past the
due date, Cascade shall make written demand upon that Member to make payment in full \vithin
ten (10) days of the date that the ",Titten demand is sent by Cascade. If the failure to pay is not
Cascade InterlocaJ Contract
Amended and Restated
Dee-ember 15~2~
-33-
cured within the ten (10) day period, the Member shall be deemed to be in default
(b) Upon an event of default as described in subsection 7.9.2(a), the other Members shall
pay Cascade (in addition to Member Charges otherwise due) the defaulting Member's Member
Charges in proportion to each remaining Members' Demand Share in accordance ",-ith a schedule
established by Resolution of the Board.
(c) The payment ofa proportionate share of the existing defaulte-d Member's Member
Charges by Members shall not relieve the defaulting Member of its liability for those payments.
Cascade shall have a right of recovery from the defaulting Member on behalf of each Member.
Cascade may commence such suits, actions or proceedings at law or in equity, including but not
limited to suits for specific perfonnance, as may be necessary or appropriate to enforce the
obligations ofthis Contract against any defaulting Member. Cascade's right to enforce payments
in this regard may be assigned to a treasurer, trustee, credit enhancement provider or other
entity. Amounts recovered by Cascade as payment of amounts due shall be passed through to
each Member in proportion to the share that each assumed, in cash or in credit against future
Member Charges as the Board shall determine.
(d) The prevailing party in any such suit, action or proceeding, shall be entitled to recover
its reasonable attorney fees and costs against the defaulting Member.
ARTICLE 8. Planning
Section 8.1 Water Supply Plan. Cascade must plan for its Members' water supply
needs. That planning shall be to be compatible ",-ith the equivalent planning responsibilities of
other wholesale water providers and with state, county and city planning responsibilities under the
Growth Management Act. The Board must adopt, and may from time to time amend, a Water
Cascade Interlocal Contract
Amended and Restated
December] 5, 2(}()....1.
-34-
Supply Plan that must be based on no less than a twenty- (20) year planning horizon. Cascade
shall coordinate its planning effort with local and regional utilities and other appropriate agencies
and work to encourage cooperative region-wide plaTIning and coordination.
Each Member shall actively participate in Cascade's water supply planning and shall
provide to Cascade accurate data regarding its facilities and operations together with good-faith
estimates of future needs and a description of any involvement in the development of new
Independent Supplies. Each Member's water comprehensive or system plan shaH be consistent
with any plans adopted by Cascade, and shall be consistent with applicable requirements of the
Growth Management Act and comprehensive plans.
Section 8.2 \Vatershed .Management Plan. Cascade may adopt Watershed
Management Plans, as appropriate, for the watersheds within its service area provided that a
Watershed Management Plan may take the place of, or may be incorporated into a CasC<lde Water
Supply Plan. In fulfilling its responsibilities for watershed management, Cascade may enter into
interlocal agreements with Non-Member municipalities to engage in watershed management,
including development of Watershed Management Plans and the implementation and financing of
such plans.
Section 8.3 System Reliability Methodology. Cascade shall develop and adopt a
system reliability methodology for planning, operation and management purposes. Adoption and
amendments to the system reliability methodology shall require a 65% Dual Majority Vote.
ARTICLE 9.
Filings
This Contract must be filed with the King County Office of Records and Elections or with
any other appliC<lble county auditor, in accordance with RCW 3934.040, and must be submitted
Cascade Interlocal Contract
Amended and Restated
~<<nberI5,2004
-35-
for review by the Washington State Department of Health and the Washington State Department
of Ecology, in accordance with RCW 39.34.050.
ARTICLE 10.
Duration and Dissolution; Withdrawal
Section 10.1 Duration. Except as provided in Section 10.3, Cascade shall remain in
existence for the longer of the follo\\~ng: (a) the period it ho~ds any assets; (b) the period during
which Bonds are outstanding; or (c) the period it continues to include Members.
Section 10.2 Withdrawals. A Member may notify Cascade of its intent to withdraw by
delivery to Cascade of a Resolution of its legislative authority expressing such intent. Upon
receipt of such Resolution, the Member shall lose its right to vote and the Board shall determine:
(a) the withdrawing Member's allocable share of the cost of the then-existing obligations of
Casc-ade; and (b) the withdrawing Member's obligations to Casc-ade. "Then-existing obligations
of Cascade" means obligations or costs incurred by Cascade as of the date the Member's
withdrawal notice is received, including but not limited to Bond obligations, contract obligations
and cash financed capital projects; provided that a withdrawing Member's allocable share shall in
no event include an obligation for future expenses for which Casc-ade has not incurred a legal
obligation; and provided further, that to the extent the Member's obligation (v.~th respect to such
costs) is re-paid over time, the Member shall be entitled to a credit for supply abandoned by the
Member and is otherwise used by Cascade. A "withdrawing Member's obligation 10 Cascade"
includes but is not limited to, the Member's share of fIxed operating costs, any other expenses
contained in Cascade's adopted budget for that year, and any assessments or other similar charges
lawfully imposed by Cascade. For purposes of the preceding sentence, "fixed operating costs"
shall be determined in the year of \'.~thdrawal, and the Member's obligation \vith respect to such
Cascade InterlocaI Contl1lct
Amended and Restated
Deeember 15. 2004
-36-
costs shall be limited only to that amount required to pay for supply abandoned by the Member
and not otherwise used by Cascade_
The allocable share of cost or obligations shall be determined by the Board, taking into
consideration as deemed applicable by the Board: (a) the ratio of the Member's Demand Share to
total Member demand; (b) the ratio of the Member's contribution to Cascade revenue to total
Cascade revenue including RCFCs; (c) the cost or a portion of the cost of capital projects or
facilities specially benefiting the Member; and (d) and any other factor the Board deems
appropriate to consideL The Member's withdrawal shall be effective on payment of such
allocable share or provision for arrangements to pay such allocable share that are satisfactory to
the Board_ Until the effective date of withdrawal, the Member shall continue to comply with all
applicable provisions of this Interlocal Contract.
Upon withdrawal, except as provided in an Asset Transfer Agreement, the withdrawing
Member shall have no right to, or interest in any Water Supply Assets owned by Cascade. The
withdrawing Member shall be deemed to have abandoned any and all rights to service, to the use
of Cascade Water Supply Assets or other rights with respect to Cascade (except as otherwise
expressly provided in this Contract).
Not\vithstanding the provisions of this Section 102, Cascade will, upon the -withdrawal of
a Member that has transferred operational control and management of (but not title to) an
Independent Supply Asset to Cascade under Section 5.1, return operational control of such asset
to the withdraviing MembeL Return of operational control and management will be subject to: (a)
continued use by Cascade, to the extent and for such time as the Board deems such use necessary
for Cascade to continue providing service to its Members; and (b) payment or provision for
Cascade Inter10cal Contract
Amended and Restated
December 15.2004
-37-
payment of any Cascade costs, including but not limited, to those associated \\~th the withdrawing
Member's Independent Supply Asset.
The Board may establish additional generally applic~ble conditions and requirements for
withdrawal.
Section 10.3 Dissolution. Casc~~e may be dissolved by a 65% Dual Majority Vote.
Upon dissolution, except as provided in an Asset Transfer Agreement, Cascade's assets initially
shall be held by its then current Members as tenants in common. Each Member's O\vnership
interest must be based on that Member's Demand Share as of the time of the dissolution.
Cascade's liabilities (including Bonds and other contractual obligations) initially shall be
distributed based on Members Demand Shares as of the time of the dissolution. Assets and
liabilities must be distributed in accordance with agreement or contract, under a voluntary
mediation process, or by a court oflaw_ A court may appoint an arbitrator or special master.
Distribution shall be based on the best interests of efficient and economic water supply in the
entire area served by the Members, subject to a rebuttable presumption that Water Supply Assets
will be returned to the Member that originally transferred them to Cascade_ That presumption may
be overcome by a showing that another asset distribution is in the best interests of efficient and
economic water supply. The proceeds of any sale of assets must be distributed among the then
current Members based on the Demand Shares at the time of dissolution.
Section 10.4 Successor Entity. Notwithstanding the provisions of Section 103, upon a
65% Dual Majority Vote (ratified within one hundred and twenty (120) days by 65%), as
measured by Dual Majority Vote ofthe Members' legislative authorities, all assets, liabilities, and
obligations of Cascade may be transferred to any successor entity (including \vithout limitation, a
Cascade Interlocal Contract
,"mended and Restated
Decembel15~ 2004
-38-
joint operating agency or other municipal corporation, as permitted under state law), and all
obligations of Members and parties mntracting \,~th Casc.ade become obligations to the successor
entity.
ARTICLE 11.
Amendments.
Amendments to this Contract shall be effective upon approval by 65% Dual Majority Vote
(ratified \\~thin one hundred and twenty (120) days by 65%), as measured by Dual Majority Vote
of the Members' legislative authorities_
ARTICLE 12.
Applicable Law and Venue.
This Contract is governed by the laws of the state of Washington_ The venue for any legal
action arising ITom a dispute under this Contract is the Superior Court for King County.
ARTICLE 13.
No Third Party Beneficiaries.
There are no third-party beneficiaries to this Contract except for the rights of Bond
o\vners as provided in Section 5.3.2, no person or entity other than an agency signatory to this
Contract shall have any rights hereunder or any authority to enforce its provisions, and any such
rights or enforcement must be consistent with and subject to the tenns of this Contract.
ARTICLE 14.
Severability.
If any provision of this Contract or its application is held by a murt of competent
jurisdiction to be iIlegaJ, invalid, or void, the validity of the remaining provisions of this Contract
or its application to other entities or circumstances shall not be affected. The remaining provisions
continue in fuIl force and effecs and the parties' rights and obligations must be construed and
enforced as if the Contract did not contain the particular invalid provision. But if the invalid
provision or its application is found by a court of competent jurisdiction to be substantive and to
C=de Interlocal Contmct
Amended and Restated
December] 5. 20C1-4
-39-
render perfonnance of the remaining provisions unworkable and infeasible, is found to seriously
affect the consideration, and is inseparably connected to the remainder of the contract, the entire
Contract is deemed void.
ARTICLE 15.
Entire Agreement.
This Contract constitutes the enti~e and exclusive agreement between the parties relating
to the specific matters covered in this Contract. All prior or contemporaneous verbal or v,ritten
agreements, understandings, representations or practices relative to the foregoing are superseded,
revoked and rendered ineffective for any purpose. This Contract may he altered, amended or
revoked only as set forth in Article 1 I. No verbal agreement or implied covenant may be held to
vary the tenns ofthis Contract, any statute, law, or custom to the contrary notwithstanding.
Casc.ade Interlocal Contract
Amended and Restated
Dooember 15.2004
-4('~
ARTICLE 16.
Execution.
This Contract may be executed in one or more counterparts.
Sil!natorv Al!encY
Bv:
Title:
Date:
Attest:
Title:
Date:
Authorized by:
(Resolution or Ordinance)
Date:
Cascade InterIocal Contrnct
Amended and Restated
D<cember 15,200-1
-41-
Title:
Attest:
Title:
General.Mana2:er
Date: '~M\ur \5iUO't
Authorized by: Resolution No. ~O"\~l1
Date: Dt.t.\>J''n tr \S.1)>O~
I
Cascade Interlocal Contract -41-
Amende-d and Restated
De<ember 15,2004
.'
Utilities Committee
February 8, 2005
Present:
Dave Fenton, Chair; Joan Hernandez, Jim Haggerton
Jim Morrow, Robin Tschmark, Frank !riarte, Pat Brodin, Ryan Larson,
Lisa Verner, Steve Lancaster, Derek Speck, Lucy Lauterbach; Keith
Goldsmith, Bill Arthur, Mario Segale, Mark Segale, Sue Carlson
1. 2005 Small Drainage Contract Nine projects have been selected for the
2005-2006 small drainage projects, Two years worth of projects are designed and then
those projects are constructed over the fol1o\ving two years. Four projects will be
constructed in 2005. One of the nine projects, #9, is a CIP project (Gilliam
CreeklSouthcenter Boulevard), but it will be included for construction at the same time.
KPG was chosen from the short list. They have been involved in the City's program
since 1991, Forward to COW with recommendation approving the agreement with
KPG for design services in the amount of 5176,683.00.
~. Cascade 'Vater Alliance InterIocal Agreement Tukwila has been a member
~~f Cascade Water Alliance (CW A) since its inception. Jim H. pointed out that in 2000
CW A's assets were $600,000; in 2005 that amount has risen to $30 million, The
interlocal re-establishes the working order among cities, dues, and fees for water.
Tukwila now gets its water through CW A, even though it is all Seattle water. The
interlocal allows CW A to issue debt and allows cities to inClude it in their comprehensive
plans. At today's annual meeting, attended by approximately 100 people, King County
signed a memorandum of understanding with CW A about water. Forward to CO\V .
with recommendation for Mavor's signature on Cascade Water Agreement.
3. Status ofTVS Infrastructure Proposals Jim M, opened up the discussion by
stating that the Council relies upon Staff to provide the facts; to address both the good
and the bad; to leave the wild guesses behind; and to do it professionally so that informed
decisions can be made. Staff does not have the luxury of being "half right" or close
enough. If a mistake is made, it is immediately evident. A critical piece of infrastructure
does not work; a lawsuit gets filed; costs skyrocket; or in a worse case scenario someone
gets injured, There is no one to whom the risk can be passed. Jim M. went on to state
that the Council was not being asked to make any decisions, rather tonight was an
opportunity to talk. about pure engineering issues and the challenges that are being
addressed in order to make TVS a success.
Jim M stated that it is La Pianta's goal to drain by gravity into the public system from any
piece of developable property the sewer and surface water flows. A laudable goal, except
that it transfers all the risk to the City, increases construction costs, and requires
extremely high operation and maintenance efforts to make it function. The City's goal is
COUNCIL AGENDA SYNOPSIS
/4 Initial ITEMNo.
1 p1 194 1 Akutinx Date 1 Pre and by 1 A taior's rani 1 Cro::il nthw 1
;Ott- f`2 i 2/14/05 MM L-
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ITEM INFORMATION
CAS NUMBER: 05-020 I ORIGEcAL AGENDA DATE: 2/14/05
AGENDA ITEM TITLE Community- Oriented Policing Citizen's Advisory Board (COPCAB) Ordinance Revision
CATEGORY Db_bawiem Marion D solution Ordinance BidAward Public Hearing Othtr
3ftg Date 1 IS Date Aftg Dau Mfg Dad t Dr Mfg Date MtA Date
I SPONSOR Coursil .Ma Adm SLrr DCD Finance Fire Izbal P&R Police pry I
SPONSOR'S The COPCAB ordinance is being revised to allow for more flexibility in placing new
SUMMARY members. In addition, administrative reporting requirements per the ordinance have been
changed to reflect the current practice. This includes minute distribution and the annual
report to City Council. (see Memo attached).
REVIEWED BY COW Mtg. CA&P Cmte FR-S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/7/05
RECOMMENDATIONS:
SPONSOR /ADMEN. Approve the ordinance
COMMITTEE F&S Committee recommended forwarding to full Council
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Connnents:
MTG. DATE I RECORD OF COUNCIL ACTION
I 2/14/05
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MTG. DATE I ATTACHM
2/14/05 I Memo, Draft Ordinance and Finance Safety Committee minutes from 2/7/05
(Draft ordinance from F &S Committee mtq on 2/7/05
I
TO:
FROM:
DATE:
SUBJECT:
City ofTukwila
Steven M. Mullet, Mayor
David W. Haynes, Acting Chief of Police
Police Department
All Accredited Agency
MEMORAJ\'DUNI
Finance and Safety Committee
Marja Murray, Administrative Secretary r^ \r^
January 26, 2005
Reco=ended Ordinance Revision
The ordinance for the Co=unity-Oriented Policing Citizens' Advisory Board (COP CAB) is being
revised to provide flexibility in placing new board members. If a business representative cannot be found
for the open position, then a residential representative may fill that position,
In addition, COPCAB makes an annual report to the City Council. The ordinance state<; that the board
report is to be done on a quarterly basis. Historically, the report has never been done on a quarterly basis,
and the Council has been satisfied \vith an annual report fi:om the COPCAB. The current ordinance is
being changed to reflect that an "annual" report fi:om COPCAB meets the required standard.
The draft ordinance is attached. If you have any questions, or concerns, please inform Acting Chief Dave
Haynes. Thank you.
Enclosure
I
6200 Southcentor Blvd. . Tu1:wila, WA 98188. Phone: - (206) 433-1808. Admin. Fax: - (206) 244-6181; Invest. Fax: - (206) 431-3688
DRAFT 2 v l s c 0)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKI4'ILA,
WASHINGTON, AMEN CHAPTER 2.39 OF THE TUKWILA
MUNICIPAL CODE, 'COMMUNITY-ORIENTED POLICING CITIZENS
ADVISORY BOARD," REGARDING THE COMPOSITION AND
REPORTING OF THE BOARD; REPEALING ORDINANCE NO. 1729;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, on February 22, 1994, the City of Tukwila created the Community-
Oriented Policing Citizens Advisory Board (COPCAB), which has Y.,, •C.• to be a
valuable resource in the development of recommendations aimed at community -wide
public safety; and
WHEREAS, it is the intent of the City that this committee be broadly representative
of both the residential and business communities; and
WHEREAS, reporting of the Board's activities to the Mayor and Council on an
annual basis, rather than quarterly, is deemed sufficient and
WHEREAS, the recruiting of two owners or managers of businesses located within
the City has proven to be difficult;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Community Oriented Policing Citizens Advisory Board. Tukwila
Municipal Code Chapter 239, entitled °Community- Oriented Policing Citizens
Advisory Board: is hereby amended to read as follows:
CHAPTER 239
COMMUNITY- ORIENTED POLICINi G CFTIZENS ADVISORY BOARD
Sections:
2.39.010 Board Established
239.020 Composition of Board
239.030 Appointment Terms
239.040 Compensation
2.39.030 Duties of the Board
239.060 Meetings and Procedure
L i 239.010 Board Established
There is hereby established for the City of Tukwila a citizens advisory board to be
known as the "Community-Oriented Policing Citi7rns Advisory Board."
2.39.020 Composition of Board
The Board shall consist of nine members who shall meet the following qualifications:
1. Not less than five of the members shall be City residents, representing
residential property owners and renters;
COPCIB 2/8105 Page 1 of 3
2. At least two members shall be owners or managers of businesses located
within the City, providing that, if the business community is unable to fill one of its t-vo
positions, a resident may fill one of the business board member positions.
3. One member shall represent the school district(s) within the City; and
4. One position shall be a high school student and resident of the City. This
single voting position may be occupied by only a duly authorized representative of
student government.
2.39.030 Appointment Terms
A. All Board members shall be appointed by the Mayor, with the exception of the
resident high school student who shall be nominated by her /his high school student
government organization All Board appointments, with the exception of the student
position, shall be subject to confirmation by the City Council.
B. Initial appointments to the Board shall be made for the following terms:
1. One member of the Board shall be appointed to a one -year term;
2. Two members of the Board shall be appointed to two-year terms;
3. Two members of the Board shall be appointed to three -year terms;
4. Three members of the Board shall be appointed to four -year terms; and
5. The student representative position shall be maintained by the student
government body.
C All subsequent appointments, except for vacancies, and the student
representative shall be for four -year terms, provided that members shall remain in
office until their successors are appointed and confirmed.
D. Vacancies occurring other than through the expiration of terms shall be filled for
the remainder of the term of the member being replaced. Vacancies shall be filled in the
same manner as initial appointments are filled.
E. Members maybe removed at -sill at any time prior to the end of their term by
the Mayor. In addition, members who fail to attend three consecutive meetings, regular
or special, may be considered to have vacated their positions and may be replaced, as
-r provided for herein Any member who ceases to have the qualifications provided in
TMC 2.39.020, Composition of Board, shall be deemed to have forfeited his or her office.
2.39.040 Compensation
No member of the Board shall receive compensation for services performed.
2.39.050 Duties of the Board
A. The duties of the Board shall include, but not be limited to, advising and making
recommendations via the Chief of Police on issues concerning public safety and police
services within the City, such as:
1. To enhance police- community relations;
2. To review and provide a community perspective and recommendations
concerning procedures, programs, and the effectiveness of the police service;
3. To promote public awareness of the City's police services and programs
including, but not limited to, business and residential crime prevention programs,
safety training, domestic violence intervention, and D.A.R.E.;
4. To hold public meetings from time to time to solicit public input regarding
police services and programs;
5. To serve as a liaison between the Police Department and the community;
6. To encourage individuals and community groups to assist the Police
Department in the implementation of police programs and services; and
corals axon Pace 2 of 3
7. To review and make recommendations concerning such other and further
matters as may be referred to the Board, from time to time, by the Mayor, the City
Council, or the Chief of Police.
B. The Board shall make an annual report to the Mayor and City Council regarding
activities.
C. Notwithstanding the duties of the Board as described within TMC 2.39.050A, the
Board shall have no power or authority to investigate, review, or otherwise participate
in matters involving specific police personnel or specific police related incidents. The
Board in no way shall receive or stand in review of complaints initiated against
personnel of the Police Department, nor play any role in civil or criminal litigation.
239.060 Meetings and Procedure
A. The Board shall have at least one regular meeting per quarter on such day of the
month and at such time as may be determined by the Board. Special meetings may be
held as often as the Board deems necessary. All meetings of the Board shall be open to
the public, except as otherwise provided in the State Open Public Meetings Act. All
requirements of the Open Public Meetings Act shall be followed by the Board.
B. For purposes of conducting the Board's business, exercising its powers and for all
other purposes, a quorum of the Board shall consist of five or more members. Any
action taken by a majority of those present, when those present constitute a quorum at
any regular or special meeting of the Board, shall be deemed and taken as the action
and decision of the Board.
C. The Board shall elect such officers as it deems necessary in order to conduct its
business. The Board shall adopt such rules of procedure as it deems necessary.
D. The Board shall tape record or keep minutes of all meetings held and all business
transacted. All records of the Board shall be open for public inspection, except those
that may be exempt from public disclosure under State law. Minutes shall be
distributed, at a minimum, to the Office of the Mayor and the Chief of Police.
Section 2. Repealer. Ordinance No. 1729 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2005.
ATTEST AUTHENITCA I ED:
Steven M. Mullet Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
copcAS twos Page 3 of 3
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Finance and Safety Committee
February 7,2005
Present:
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Dave Haynes, Viki Jessop, Jane Cantu, Shelley Kerslake, Rhonda Berry,
Darlene Heskett, Kevin Fuhrer, Nick Olivas, Lucy Lauterbach
1. Court Security Bids Darlene briefed the Committee regarding proposals for security
services for Tubvila Municipal Court. Seven companies were contacted and three responded.
The most complete and least expensive proposal was from Securitas, which provides court
security in Kirkland. Kirkland reports being very happy with their services. Securitas will
provide one guard that will be on du!y all day. That guard will be on duty from 8:30 to 4:30 p.m.
and will eat lunch at his/her station. 'The guard will be unanned, will perfonn a visual check of
briefcases, purses and backpacks, and will have a wand to check people who set off the alarm
when walking through the security arch.
Darlene will draft a contract for services with Securitas and review the operational plan with the
police. She did not think she could do it for next week's COW, but will work to get a contract as
soon as practicable. Recommend contract to Council: brin!! to Committee onlv if timin!!
works.
~2. Revisions to COPCAB Ordinance Police want to amend the Community Oriented Policing
~ 'Citizen Advjsory Board (COPCAB) ordinance to allow a resident to fill a position if a business
person cannot be found, and to change reporting requirements from quarterly to annually. Two
business persons are to be on the Board, but if that is nor-possible; one resi-dent can fill in-for one
business person. Pam C also suggested by removing the requirement for COPCAB minutes to go
to City Council. Recommend ordinance to COW.
3. Kenvon Disend Contract
There have traditionally been two parts to a Kenyon contract: the general city attorney services
portion and an hourly portion. The service portion includes regular office hours, preparation and
lor review of ordinances, resolutions, contracts, and other city documents or materials,
prosecution services, and a host of other services. The hourly portion covers special matters
such as lawsuits originating from code enforcement actions, appeals of Tub vila Municipal Court
decisions, and other non-routine matters. Fees for hourly billings for special matters exceeded
585,000 in 2004. The contract proposed for 2005 increases the monthly rate to the Kenyon finn
from 525,978 to 531,500 and eliminates hourly billing for special matters until charges incurred
for each individual matter exceed 55,000.
Pam asked that the Council receive quarterly or semi-annual updates on significant legal issues,
as well as a summary oflegal fees incurred if possible.
Recommend contract to CO\V.
AA pi) i to -d- thcf
'n0_1-n sahc f Cnt 5•
Ty, cL/'7 f c. a.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING CHAPTER 2.39 OF THE TUKWILA
MUNICIPAL CODE, "CONLI4UNITY- ORIENTED POLICING CITIZENS
ADVISORY BOARD REGARDING THE COMPOSITION AND
REPORT OF THE BOARD, REPEALING ORDINANCE Na 1729;
PROVIDING FOR SEVERABILYIY, AND ESTABLISHING AN EIFFhLIPVE
DATE.
WHEREAS, on February 22, 1994, the City of Tukwila created the Community-
Oriented Policing Citizens Advisory Board (COPCAB), which has proven to be a
valuable resource in the development of recommendations aimed at community -wide
public safety, and
WHEREAS, it is the intent of the City that this committee be broadly representative
of both the residential and business communities; and
WHEREAS, reporting of the Board's activities to the Mayor and Council on an
annual basis, rather than quarterly, is deemed sufficient, and
WHEREAS, the recruiting of tss o owners or managers of businesses located within
the Qty has proven to be difficult,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Community- Oriented Policing Citizens Advisory Board. Tukwila
Municipal Code Chapter 2.39, entitled "Community-Oriented Policing Citizens
Advisory Board," is hereby amended to read as follows:
CHAPTER 239
COISIUNITY- ORIENTED POLICING CITIZENS ADVISORY BOARD
Sections:
2.39.010 Board Established
239.020 Composition of Board
2.39.030 Appointment Terns
239.040 Compensation
239.050 Duties of the Board
239.060 Meetings and Procedure
2.39.010 Board Established
There is hereby established for the City of Tukwila a citizens advisory board to be
known as the "Community- Oriented Policing Citizens Advisory Board."
239.020 Composition of Board
The Board shall consist of nine members who shall meet the following qualifications:
1. Not less than five of the members shall be City residents, representing
residential property owners and renters;
COPCAB >n Page 1 of 3
ez
2. At least two members shall be owners or managers of businesses located
within the City, providing that if the business community is unable to fill one of its two
positions, a residential-Tin; KnZ-es may fill one of the business board
member positions.
3. One member shall represent the school district(s) within the City; and
4. One position shall be a high school student and resident of the City. This
single voting position may be occupied by only a duly authorized representative of
student government
2.39.030 Appointment Terms
A. All Board members shall be appointed by the Mayor, with the exception of the
resident high school student who shall be nominated by her /his high school student
government organization. All Board appointments, with the exception of the student
position, shall be subject to confirmation by the City Council.
B. Initial appointments to the Board shall be made for the following terms:
1. One member of the Board shall be appointed to a one -year term;
2. Two members of the Board shall be appointed to two-year terms;
3. Two members of the Board shall be appointed to three -year terms;
4. Three members of the Board shall be appointed to four -year terms; and
5. The student representative position shall be maintained by the student
government body.
C All subsequent appointments, except for vacancies, and the student
representative shall be for four -year terms, provided that members shall remain in
office until their successors are appointed and confirmed.
D. Vacancies occurring other than through the expiration of terms shall be filled for
the remainder of the term of the member being replaced. Vacancies shall be filled in the
same manner as initial appointments are filled.
E. Members may be removed at will at any time prior to the end of their term by
the Mayor. In addition, members who fail to attend three consecutive meetings, regular
or special, may be considered to have vacated their positions and may be replaced, as
provided for herein Any member who ceases to have the qualifications provided in
TMC 239.020, Composition of Board, shall be deemed to have forfeited his or her office.
2.39.040 Compensation
No member of the Board shall receive compensation for services performed.
239.050 Duties of the Board
A. The duties of the Board shall include, but not be limited to, advising and making
recommendations via the Chief of Police on issues concerning public safety and police
services within the City, such as:
1. To enhance police community relations;
2. To review and provide a community perspective and recommendations
concerning procedures, programs, and the effectiveness of the police service;
3. To promote public awareness of the City's police services and programs
including, but not limited to, business and residential crime prevention programs,
safety training, domestic violence intervention, and D.A.R.E.;
4. To hold public meetings from time to time to solicit public input regarding
police services and programs;
5. To serve as a liaison between the Police Department and the community;
6. To encourage individuals and community groups to assist the Police
Department in the implementation of police programs and services; and
CorCAS >n Page 2 of 3
7. To review and make recommendations concerning such other and further
matters as may be referred to the Board, from time to time, by the Mayor, the City
Council, or the Chief of Police.
B. The Board shall make an annual report to the Mayor and City Council regarding
its activities.
C. Notwithstanding the duties of the Board as described within TMC 2.39.050A, the
Board shall have no power or authority to investigate, review, or otherwise participate
in matters involving specific police personnel or specific police related incidents. The
Board in no way shall receive or stand in review of complaints initiated against
personnel of the Police Department nor play any role in civil or criminal litigation
2.39.060 Meetings and Procedure
A. The Board shall have at least one regular meeting per quarter on such day of the
month and at such time as may be determined by the Board. Special meetings may be
held as often as the Board deems necessary. All meetings of the Board shall be open to
the public, except as otherwise provided in the State Open Public Meetings Act All
requirements of the Open Public Meetings Act shall be followed by the Board.
B. For purposes of conducting the Board's business, exercising its powers and for all
other purposes, a quorum of the Board shall consist of five or more members. Any
action taken by a majority of those present when those present constitute a quorum at
any regular or special meeting of the Board, shall be deemed and taken as the action
and decision of the Board.
C. The Board shall elect such officers as it deems necessary in order to conduct its
business. The Board shall adopt such rules of procedure as it deems necessary.
D. The Board shall tape record or keep minutes of all meetings held and all business
transacted. All records of the Board shall be open for public inspection, except those
that may be exempt from public disclosure under State law. Minutes shall be
distributed, at a minimum, to the t- Office of the Mayoxand the Chief of
Police.
Section 2. Repealer. Ordinance No. 1729 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to arty person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall lake effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASI ILNGTON,
at a Regular Meeting thereof this day of 2005.
ATTEST /AUITIEN`IICATED:
Steven M. Mullet Mayor
Jane E. Cantu, CA-1C, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
COPCAB 121115 Page 3 of 3
COUNCIL AGENDA SYNOPSIS
!talk
o TE21f N0.
I i%1, 1 y 1 A•leair,R Dale 1 Prepared by 1 Ma,or''s review Council miew
at 1 2/14/200 I N Olives 1 w T
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ITEM INFORMATION
I CAS NUMBER: 05-021 I ORIGLNAL AGENDA DATE: 2/14/05
AGENDA ITEM TITLE Fire Prevention Staffing
CATEGORY Duet. -non Motion Rnokution Ordinance Bid Award Public Hearing Othrr
Mfg Date Mfg Date Alta Date Mfg Date Mfg Date 3Ug Date ALB Darr
SPONSOR Council Akor Adm Svcs DCD Finance Fire Legal Pent police Pip/
SPONSOR'S The workload for our fire prevention staff has been steadily increasing. Future projects
SUATLARY including Sound Transit, Westfield Mall, 3C Penney property redevelopment and TVS will
overwhelm existing staff capacity. To adequately deal with the pending projects we need
to increase the fire prevention staff by one Lt. Inspector.
REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 2/7/2005
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve
CO,MMITPEE Move to COW with additional information.
COST IMPACT FUND SOU_ RCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$72,187.00 $0
Fund Source: GENERAL FUND
Comments: $65,867 for replacement FE (includes 15% benefits), $6320 additional for new lieutenant
MTG. DATE I RECORD OF COUNCIL ACTION
2/14/05
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I MTG.DATEI ATTACHMENTS
2/14/200 Discussion from fire chief on new position Memo from Chi Ol ivas dated 2/9/05
F&S Committee minutes from 2/7/05 mtg.
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City of Tukwila -
Steven M. Mullet, Mayor
Fire Depa.rtment
Nicholas]. Olivas, Fire Chief
To:
From:
Subject:
Date:
Tu1.'wila City Council
Chief Olivas
New Fire Prevention Position
February 9, 2005
The Tukwila Fire Prevention Bur~au presently consists of 5 personnel; the fire marshal,
two lieutenant inspectors, one civilian inspector and one secretary. The two lieutenant
inspectors are responsible for the majority of new construction and tenant improvements;
they review all associated plans and conduct the required inspections. Currently, the
civilian inspector performs business inspections (each business is inspected once every
18 months) and does some new construction/tenant improvement work depending on his
and the bureaus' workload.
The workload for the staffhas been steadily increasing. Future projects including Sound
Transit, Westfield Mall expansion, JC Penney property redevelopment, and TVS
combined with the normal level of construction activity will overwhelm existing staff
capacity. The mayor's office concurs with this assessment and is supportive of my
recommendation to add one additionallieutenantJinspector to fire prevention pending
council approval.
Our senior fire prevention lieutenant will be retiring in 2007; prior to his retirement, we
will evaluate the workload in fire prevention to determine whether or not the additional
position is still required. If our analysis demonstrates that the workload is insufficient to
justify the additional inspector, we will revert back to our current staffing level upon his
retirement.
Coinciding with this change, we are seeking reclassification of our civilian inspector to
Senior Plans Examiner. Due to some of the unique features at the mall, we feel that it is
essential that one person conduct all the plan review for the project. In addition, we have
been advised by the city of San Jose that we need to keep a close eye on this project
because the contractor will fast track it. Our intention is to assign the project to one
inspector to maintain the continuity necessary to insure the things are done properly.
We are also in the process of hiring lateral entry (experienced) firefighters. As of this
date, offers have been made to two individuals. One will take the place of our firefighter
on military leave (until this October); the other ,vill fill a position that will be vacated this
summer as a result of a retirement. I anticipate that the start date for these two personnel
will be March first. The addition of these two firefighters, combined with the return of a
lieutenant on disability, will bring us to full staffing. Baring any additional disabilities,
long- term illness or any other unforeseen event, we will see a reduction of our overtime
Headquarters Station: 444 Andover Park East . Tukwila, Washington 98188 . Phone: 206.575.4404 . Fax: 206.575.4439
expenditure. To fill the shift position vacated by the promotion to fire prevention, we will
hire a third lateral entry firefighter; this will allow us to remain at full staffing.
I have identified the cost of my proposal to be $44,290.00. This includes the cost of
adding the third lateral entry firefighter ($37,970.00) for 6 months and the difference
between a:first class firefighter and a lieutenant for 6 months ($6,320.00).
Discussions regarding adding an inspector position occurred at the beginning of the 2005
budget process. The reduction of overtime (as discussed above) should be more than
sufficient to cover the expenses associated with my proposal. Filling the spot caused by
military leave alone will reduce overtime on his shift and average of 9 shifts per month;
this equates to an approximate overtime savings of$52,000. Additional overtime savings
will be realized by the addition of the secDnd lateral entry firefighter. With our
anticipated overtime savings, it is unlikely that a budget amendment is needed for the
new position.
I request that you approve one additional position in fire prevention. I will be at the
council meeting to answer any questions you have regarding this issue.
Finance and Safety
February 7,2005
4. MJ Durkan Contract for Services The contract for Martin Durkan is the same as last year's
contract, and the costs have remained constant at S4,000/month plus S500 expenses. The scope
of services has changed, however. Last year Jamie was working on Sound Transit issues, and this
year he will work on TVS, in addition to general items of interest and import to the City.
Recommend contract to CO\V.
5. Contract with Ball Janik, LLP Ball Janik's contract is going up 4.1 %, from S8,500lmonth
to S8,850/month. The scope of services is extensive, and it has been very beneficial for the City
to have Ball Janik's services in Wasbington, D.C. Committee members expressed their
~appreCiation for the firm's work. Re~ommend contract to CO,\,.
. 6. Additional Fire Prevention Staff Tukwila's Fire Prevention Bureau currently has a fire
marshal, two lieutenant inspectors, a civilian inspector, and a secretary. Nick explained that with
Sound Transit, Westfield Mall, TVS and the JC Penney redevelopment, the small department is
being overwhelmed. Nick is requesting an additional fire inspector, who would be hired from
current staff. The civilian inspector will also be reclassified to be able to do all the plan reviews.
One of the inspectors is due to retire in two years, so it's possible the staff could return to its
current size then if development slows. The Committee asked about the current department
strength. Nick said he would hire two laterals immediately, and a third later to replace the
individual moving into fire prevention. Of the two near-term hires, one fills the vacancy created
by"an employee currently on military leave and the other will replace a firefighter who is retiring
this summer. Pam asked what the civilian inspector does now, and Nick said he performs
"company level inspections", some plan reviews, and some tenant improvement/new
construction inspections. The Committee supported the lateral hires, but asked Nick to show
the cost, where the money comes from, and where the new people would go in the organization.
Recommend to CO\V adding positions to the Fire Department.
7. Above Ground Tank Variance Request Above ground tanks are allowed in the NIlC, Ll
and CLl zones. Two requests for variances have been received: one from the King County
Transfer Station in the TVS zone and one from Lewis and Clark Theaters in the RCC on Tukwila
International Boulevard. Nick had visited both sites to evaluation both proposed locations.
Neither location is visible to residential areas. Dennis thought it would be o.k. if there were
enough screening. Committee members wanted more information, including a site map of each
property, the proposed location of the tanks, TMC requirements such as screening, and an
assessment of security risks. Reschedule.
8. Future Committee Issues Dennis asked staff what issues they anticipated tlus year. Pam
suggested an information briefmg from the HaztvIat crew, and that there are probably programs
in the Police Department about which the committee should learn. would be of interest to
Council. Dennis said he had been talking with the City Attorney about the city's animal control
ordinance, which he is interested in strengthening. That ordinance and the City's animal control
contract with King County will be one issue. Finance policies are another issue. Kevin will build
on Alan's start on the policies, and he can add to it throughout his first full year here. Dennis was
7 COUNCIL AGENDA SYNOPSIS
-4 i
i 1 licar Dare Ir*'s e ITEM No.
1 Rep: ally/ I Alap-'s ezi,u Qsap_ bedew I
c' N` t^ 1 2/14/05 RAB 1 S (C L.-• 1
1 1 1
1 --c, 7908 1 I
1 1 1
ITEM INFORMATION
I CAS NUMBER: 05-022 I ORIGLNAL AGENDA DATE: FEBRUARY 14, 2005 I
AGENDAITEMTITLE Professional Services Contract, Kenyon Disend PLLC
CITEGORY Di assign Makin Radiourn G„L:.,,sc Bit A-:r�nl Acidic Herrirrgl 0:Ler
!Ji D::e 2/14/05 1iRae Dire ill gDse S1gDate Mtg Drae ISfgDte
ISPONSOR Ccrarl N Map Ad/n.5'70 DCD Firm e Fire Legit P& R Pdice PP/ I
SPONSOR'S Proposed Contract for Services for 2005 has been reviewed by Finance and Safety
SLILILkRY Committee.
REVIEWED BY COWMtg. CA&P Corte F&S Corte Transportation Cmre
Utilities Corte Arts Comm. Parks Comm. pl,nninv COMM
DATE: 2/7/05
RECOMMENDATIONS:
SPONSOR/ADMIN. Review and forward to Regular Meeting for approval
GSM MVrrEE Review and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$31,500 /month plus expenses
Fund Source: 000.06.515.200
Connnents:
MTG. DATE 1 RECORD OF COUNCIL ACTION
02/14/05 I
I
MTG. DATE ATTACHMENTS
02/14/05 Memo from Mayor's Office to City Council (w/ proposed contract)
Minutes from 2/7/05 Finance and Safety Committee
I
I I
City of Tukwila
6200 Southcenter Boulevard' Tukwila, Washington 98188
Steven M. Mullet, Mayor
MEMORANDUM
TO: City Council
FROM: Mavor's Office
DATE: February 9, 2005
SUBJECT: Contract with Kenyon Disend
Attached for your review is the proposed 2005 Contract for Legal Services between the
City and Kenyon Disend, PLLC.
The changes in this contract rrom previous years are reflected in the "strikeout" and
underlined" version in your packet. In reviewing billings for 2004, staff detennined that
"special matters" billings totaled more than $85,000. The 2005 contract proposes an
increase in the monthly fee ofS5,522 and provides that the City not be billed for "special
matters" until the accumulated hourly billing for that matter exceeds S5000.
/rab
Phone: 206.433-1800 . City Hall Fax: 206-433-1833 . V/V/Yl.ci.tukwila.V/a.us
DRAFT
Contract No.
COi'\TTRACT FOR LEGAL SERVICES
This Agreement is entered into by and between the CITY OF TUKWILA, Washington, a
non charter optional municipal code city hereinafter referred to as "the City," and KENYON
DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in
Issaquah, Washington.
WHEREAS, the City has a need to have certain legal services perfonned for its citizens; and
WHEREAS, the City desires to have the Contractor perfonn such services pursuant to
certain tenns and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions bereinafter contained, the
parties hereto agree as foHows:
I. ~cop" ~nn ~c\1erlll Ie of ~ervice' to \1" Perf onnen hy C;onm.ctor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In perfonning such services, the Contractor shall at all times comply
with all federal, state, and local statutes, rules and ordinances applicable to the perfonnance of such
services and the handling of any funds used in connection therewith. Such local rules and
ordinances shall include, but not be limited to, the City Code of Ethics, as set forth at section 2.03.01
of the City's Personnel Policies. The Contractor shaH request and obtain prior written approval rrom
the City if the scope or schedule is to be modified in any way.
2. Compen,~tion ~nn M"thon ofP~yment The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference.
3. Contrnctor BllnE'et. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement.
4. Dllrntion of A5p"ment. This Agreement shall be in full force and effect for a period
commencing January 1,2005, and ending December 31,2005, unless sooner tenninated pursuant to
paragraph 8 of this Agreement.
5. Tnnepennent Contrnctor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement. The City shaH
-1-
c- iYYl'\Ir:_h.".,.!'~11 r.c.\1 '~hT~'TI!KW" _1 t)(y"::r'>:'''_'~'L\pr:;-:.:~~;;:.:c::;...::....._...,-~.....<......t> T"'::,..;:" ~::;..; :';:'''''JU D_...........:.~....vS.:'rles,nfJ1i1.;:..;:;:,:- .~
not be responsible for withholding or otherwise deducting federal income t<LX or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. Tn<1enmification. The Contractor shall indemnifY, defend and hold hannIess the City, its
officers, agents and employees, rrom and against any and all claims, losses or liability, including
attorney's fees, arising rrom injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in perfonning the work
required by this Agreement. With respect to the perfonnance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 5 I of the Revised Code of \Vashington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnifY, defend and hold hannIess provided for in
this paragraph extends to any claim brought by or on behalf of any employee of the Contractor. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting
rrom the sole negligence of the City, its agents and employees. To the extent any of the damages
referenced by this paragraph were caused by or resulted rrom the concurrent negligence of the City,
its agents or employees, this obligation to indemnifY, defend and hold hannless is valid and
enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
7. Tn~ll1"'mce. The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage of S I ,000,000
per claim and 53,000,000 aggregate. Contractor shall provide evidence of such coverage in a
manner and fonn acceptable to the City in the City's sole discretion. Cancellation of the required
insurance shall automatically result in termination of this Agreement.
8. Tennination. This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to tenninate the same.
9. Di~crimination Prohihited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided under
this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
10. A~,iV'ment and SlIhcontrnct. The Contractor shall not assign or subcontract any portion
of the services contemplated by this Agreement without the \vritten consent of the City.
II. Entire Arreement. This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement and with the consent of the City Council.
-2-
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12. Noticc<. Notices to the City ofTukwila shall be sent to the following address:
City Clerk
City ofTukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
13. ApplicHhle THW: Vcnne:' Attorney's Fcc-'. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any tenn of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this _ day of
,2005.
CITY OF TUKWILA
cmrrRACTOR:
KENYON DISEND, PLLC
Mayor Steve Mullet
By:
Title:
ATIEST/AUTHENTICATED:
ADDRESS: II Front Street South
Issaquah, Washington 98027
(425) 392-7090
Jane E. Cantu, City Clerk
-3-
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FXHffiTT A -- Sr:OPF OF SFRVTr:FS
Contractor agrees to provide a level of service equal to or greater than the level of service
provided by an in-house city attorney office consisting of one city attorney and one assistant city
attorney/prosecutor.
In particular, Contractor agrees to:
1. Provide general city attorney senices, which include but are not limited to:
A. Attend regular meetings of the City Council;
B. Attend Executive Sessions and special meetings of the City Council,
Committee of the \v'hole, Committee meetings, and meetings of City Boards
and Commissions, upon request;
C. Prepare or review ordinances, resolutions, contracts, interlocal agreements,
and other city documents or materials;
D. Practice "preventative law" in the fOnTI of regular consultation with staff and
elected officials, and maintenance of between 20 and 25 "office hours" each
week at City Hall, exclusive of prosecutor time;
E. Provide special classes and/or seminars for staff, elected officials, Boards,
and Commissions on issues including, but not limited to, ethics, conflict of
interest, and the appearance of fairness doctrine.
F. Except as set forth in Section 3, defend litigation brought against the City;
G. Defend or initiate administrative hearings involving the City including, but
not limited to, drug forfeiture and seizure hearings, code enforcement, and
similar matters;
H. Such other general city attorney matters as are assigned;
1. Provision of pagers and cellular telephones to all attorneys employed by
Contractor, and a list of such pager and telephone numbers to the City; and
J. Comprehensive Internet and remote access capability, including e-mail,
linking Contractor's office with City Hall.
2. Provide city prosecution services, which include but are not limited to:
-4-
('. r;.rCi ".IF_I'-.~:'-;?1 ('C.\' ~ hT,,,,:, TI 'KWH _1 r..rx-or,,;~..>_.,,'.,fP::t.:'~L:;~ :.:c;:;..:.....-......,.::.u..~-.-;-~....,,;:-':.::.;): ::.....,.1......,::;- "-'...;............./S-'0t6ff) f,'n,,;..:. ::.: ':-...;.
K Review, detennine filing decision, and file all Tukwila Police Department
reports involving misdemeanor and gross misdemeanor crimes, and represent
the City on all contested traffic hearings;
L. Regularly consult with and train police department personnel on selected
legal issues, and attend police department administrative staff meetings as
requested;
M. File ~1]r1 df'tr-nri appeals of municipal court decisions to S"J'~' ;v. Cu." ,
uudu l~h.. Ru1......':'I 101 AVF<--dJ vf D.....\...;;);oJl~ of COu11~ uj~ L~l}Jjt.....J .r UJ ;5~;d;vJt
("R_-\Lr~)_ App...ab tu !.~1!".. Cow!. of ~-\PIA{\l.... 01 Gte SUJ)leIW... C0U1l. if dU~\-.
silal1 L(. ~uL_il..\'...i ~o till.... }lj(h~;)jOIl'-' UfJ1J.hl~lapIl::L LI"..:o\',; and
N. Such other city prosecution matters as are assigned.
3. Provide City Attorney services for Let ta;a litigation and con!p,(po administrative I
proceedings, which include but are not limited to:
O. Initiation "no defe,,,1' of litigation ,,"d rnTlT1"!1'O "om;I1;,;!"'!;,"1' prnc1',>oill:?'
on the City's behalf Cnnfr:Wil1r ,h~1i hf' comppn;;;~terl t~.)J' "l1c1.1 11ti~J~tion ~nd
rontp,tf"d ;l(hllinlqnni\-r lW()Cf't:"rlin~, ::\<;;; ~rp~rMf" \'bttc-r.;;; Jlnrlt'r ~l;'H-~~Tl'?'ph "")
ofF'dlihli R:-
r. 01..-1(:1:,,(. vr~<!!~,,-~ L-.'J.I.... r'Ci;l;OIl .';d ~tl;t;ulI;" bH1u:;;lll d~a;lI.,CIi rIlc--E-ity:-
Q. DGtclI::'c. JUl.1Ut jll;lla:';~):', Ufd~IJl,-.-d:::, ofU;IlI;lIdl Jlldh,.....I~. d.ud
R. Rei)] \.r.':!....lIlal~uIl OfC;l.\ ;to GllI.::- [;.-'0 r;;...;tUl '" VI olln....1 1"'''-11 t~;l...1I \.; pi V..... c I...,J; ',-=-:'.
4. Provide Special Services, which include but are not limited to:
5. ?~O,huul;,,~ O,b1',. speri"I;7eo 1111111;,;p"1 b\\' ,e,,'jres: prov;oe," hn,,"e,'e,.
.thatJabol/....III}Jlo:dll.....lIl cHId [d.\ Jaw ;;):)h\..;). C~t} n;n 1IItl;lIld;li ;ts-ua0;i:;Onat
pltld~\...c ofLuJ.:;\...i.;IJ,t; l<1bOl -......IJ,}J~O}IIICHlIQx. ;)1.:.1 \ ;\..C'; 11uOu.2-h l~l""" D.....~Z1ll:II'-'"l
of Adluil,;,t."l;" SC";L". Aany such Special Services shall first be
authorized by the Mayor, and shall be subject to paragraph 3 of Exhibit B
regarding compensation.
5. Provide paralegal services, which include but are not limited to:
'FQ. General paralegal support for the City Attorney and for the prosecuting
attorney equivalent to one FTE.
- 5-
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6. It is understood and agreed that the City Attorney shall not provide private legal
services to any employee of the City ofTulmila during the term of this agreement,
- 6-
r--I)('Ci :\IF_'.,M'-;;j cy" .!I.1'--I'i.T....:'_ll :I(\'.'II -11lf)(".T-,,;.~.'",,/,PfS:.l;;?;r :.:('S...::,..,..U..J"",-", ..',...;:.>. -;:::.-; :~'"_":C'_' =:;- '-_...l-....'-....s~nJ.nT''''..;:.:.;.::_;:,.;
FXHTRTTR -- COMPFNSATlON A1'\'Di\JfF.THOD OFPAYMFNT
1. For all general city attorney and city prosecutor services set forth in paragraphs 1 and 2 of
Exhibit A, Contractor shall be paid a flat monthly fee of $11 ~n(r ':;.9-;-8.00, plus extraordinary
expenses. Extraordinary expenses shall include court filing fees, deposition and other discovery
costs, parking, mileage costs other than to and trom City Hall or other locations within the City,
and other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall
not include routine photocopying, fa.'(, or long-distance telephone charges.
2. fur--;;~ll litigation and administrative proceeding services set forth in paragraph 3 of
Exhibit A ,1-::.11 hf" rOJl.;;;!,-lf'r~"'d to hr"" ')f'!,~1r:1fe \-bttt',,,,:- _Contractor shall m~int~in 1t.:;: Cn1Tf'nr !""'r:1C,1('("
of !Tr"'i\.idin~ In(EndlJ;l! nlnnrhiy hll1in~ __b1kmr.nts tor r~ch S{'r~r~tf' :\-i:nter Sf'!1<ll";1re \ll11f>r;;;, 111.-":171
(:.1) e:K'h i!\divi{hl;l~ f'l\-il ;'ctiop filprl h~; or :1~:1in;;;,t thf' riiy. (h) ;111 nimin:11 ap!If';1fo::. c()IL.:>('ri\"t"'i~.' fi!t"[i
by or ~~_~i"1"; thr rity :H1n 1f');1U dni:? or nih~'=>r t~")rtpjhlJY' P1:lfti"'r-.; cf'il1fYtivf'ly filf'd hy fF t=l~;li'l..::;t rb.-:
lit;., \Ontr;1ctClT "";111 inc1ndf': \Vlinin the n1onth!y tl~t ti;>e :mrl ..halt not f\Tlwr\\.-j;;;;p hi!Lthe r-liy tor
the tlr-~r ~-; nno r"p,-'11(h'd ('Ir~ :1ny <::;p:1~r;r!"f' \ i~ttf>T :lS C'np1pl'led M rnntJ";)('tor'" n{)rrl,:~f h(); ~rly r,-.ft-'(:.
for '0(6 Tht-'ri.-..:.n,'r ;1nd f0!" e;}rh ';;;!lC'h '("'pi;r~'c 7vfmt,--'r lPnIr:1r"tor ;;:;h:11i be paid its normal hourly
rates for 2005 1-d1!~h i~;:."t' h.et\'.,..,.(.:~ \1........::; ;:ly,;,i ;:;';'19';: ~n1. ;"Jft):~-1CY:': ;1n(1 hr>~.\,:'r~1 '-\.::;:.:;; ~lPd ~-:-.;:_~.
""c2.h:ocJ.k .,- ,,:i i~,.th--hc:c"", together with reimbursement for extraordinary expenses.~,:.:
int~m" d....~H he. hdi",d at:1I1 hourly r;lfp not 10 ~Xl'f'Prl SX":;
;;'1hllll( :.- I I'III"~.: ;{"1r~.....
~\'":~~JJQ.d R. KCfl.}Ull
DiU\....-L L. Di:')clI...1.
SI8':;.00
Sl::;~.OQ
S;J...!~'-.~ \1. iZu31L:!~c
SalIJI... S. \1........t1vn-dOf1
J\),-- S\...;ll.Ii:.J.:
SKn.; IGlIg
n\...~d; I3H.b~d.",
~((.Ii; A. D(':=-!c'lIl\..~
-~tind... ~I..':")~d'!li
SI6':;.00
S160.00
SI:;':;.08
SI:;5.00
S12J.Ofi
Sl2':;.00
S !:'_~.O:!
Lw....:;l...~:.'-~ ;-+n,.~~~I.:t,:.").~
\.tU.=-dld C, Sta~:-"\..-__..
:;;:u;.'i ::>.. Luc.'.\l.,:J:
s~o.O()
:;co,oe
5:'5.0(;
S~5.00
~':''::.QC
S::::;.OO
ra.lli ~..L Od,--~J.'~
Slid)) \kK(\.-
C{-d\)~ Dwdl~_HJ.
\1([1 'r [~(:I,--ilJ""I~\:..i
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(' .i.l ~. '.
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:;_-:5.\.:1:j
'.... ~-~, :;~;
S';;}:)fj
3. Special Service-s, if any, shall first be approved by the Mayor and City Council after
negotiation regarding (I) whether additional compensation is fair and equitable for such Special
Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such
Special Services.
-2" r'
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:~;", 0: '-','OC'L,
. ~ ,_': ;;.1, , ".
r-'f)()(11\1F_I'~}~I--:!1 mAl "-I\Tf'rI1)Hl :~WII_1 J)()("":L;'->J~.....rP:J :.l:..~;r ...:cs..::..............,,=---'-"-.T'"--\.n;:" _.~ ::......)'-". [k.........i..:'-.../$.-'o{ffi'fnnH,....r;,::::;: V--i
- 8-
CO.J-i'n<-L C
Finance and Safety Committee
February 7, 2005
Present:
Dennis Robertson, Chair; Pam Carter, Dave Fenton
Dave Haynes, Viki Jessop, Jane Cantu, Shelley Kerslake, Rhonda Berry,
Darlene Heskett, Kevin Fuhrer, Nick Olivas, Lucy Lauterbach
1. Court Security Bids Darlene briefed the Committee regarding proposals for security
services for Tukwila Municipal Court. Seven companies were contacted and three responded.
The most complete and least expensive proposal was from Securitas, which provides court
security in Kirkland. Kirkland reports being very happy with their services. Securitas will
provide one guard that will be on duty all day. That guard will be on duty from 8:30 to 4:30 p.m.
and will eat lunch at hisfher station. 'The guard will be unarmed, will perform a \'isual check of
briefcases, purses and backpacks, and will have a wand to check people who set off the alarm
when walking through the security arch.
Darlene will draft a contract for services with Securitas and review the operational plan with the
police. She did not think she could do it for next week's COW, but will work to get a contract as
soon as practicable. Recommend contract to Council: bring to Committee only if timing
works.
2. Revisions to COPCAB Ordinance Police want to amend the Community Oriented Policing
Citizen Advisory Board (COP CAB) ordinance to allow a resident to fill a position if a business
person cannot be found, and to change reporting requirements from quarterly to annually. Two
business persons are to be on the Board, but if that is noqf6ssible; one resi-dent can fill in for one.
business person. Pam C also suggested by removing the requirement for COPCAB minutes to go
to City Council. Recommend ordinance to COW.
~3.
Kenvon Disend Contract
There have traditionally been two parts to a Kenyon contract: the general city attorney services
portion and an hourly portion. The service portion includes regular office hours, preparation and
lor review of ordinances, resolutions, contracts, and other city documents or materials,
prosecution services, and a host of other services. The hourly portion covers special matters
such as lawsuits originating from code enforcement actions, appeals ofTukwila Municipal Court
decisions, and other non-routine matters. Fees for hourly billings for special matters exceeded
S85,000 in 2004. The contract proposed for 2005 increases the monthly rate to the Kenyon firm
from $25,978 to S31,500 and eliminates hourly billing for special matters until charges incurred
for each individual matter exceed S5,000.
Pam asked that the Council receive quarterly or semi-annual updates on significant legal issues,
as well as a summary oflegal fees incurred if possible.
Recommend contract to CO\V.
."
wwI%~~
(in final fonn)
Contract No.
CONTRACT FOR LEGAL SERVICES
This Agreement is entered into by and between the CITY OF TUK.\VILA, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City," and KENYON
DISEND, PLLC, hereinafter referred to as "the Contractor," whose principal office is located in
Issaquah, Washington,
WHEREAS, the City has a need to have certain legal services perfonned for its citizens;
and
WHEREAS, the City desires to have the Contractor perfonn such services pursuant to
certain tenns and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. ~cope Hnrl ~cherlllle of ~ervic". to he PerformPii hy Contrnr.tor. The Contractor shall
perfonn those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In perfonning such services, the Contractor shall at all times comply
with all federal, state, and local statutes, rules and ordinances applicable to the perfonnance of such
services and the handling of any funds used in connection therewith. Such local rules and
ordinances shall include, but not be limited to, the City Code of Ethics, as set forth in Ordinance
No. 2068. The Contractor shall request and obtain prior written approval from the City if the scope
or schedule is to be modified in any way.
2. Comp"".Mion Hnrl Metnorl of Payment. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated
herein by this reference.
3. Contrnctor Rllrlgi't. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement.
4, Dllrntion of Agrp.P.1TIent_ This Agreement shall be in full force and effect for a period
commencing January 1, 2005, and ending December 31, 2005, unless sooner tenninated pursuant to
paragraph 8 of this Agreement.
5. Tnrlp.penrlent Contrnctor, Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement. The City shall
-1-
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not be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or othenvise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
6. Tnnp.mnjfj"ation, The Contractor shall indemnifY, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability, including
attorney's fees, arising from injury or death to persons or damage to property occasioned by any act,
omission or failure of the Contractor, its officers, agents and employees, in perfonning the work
required by this Agreement. With respect to the performance of this Agreement and as to claims
against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in
this paragraph extends to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employee<;. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent negligence of
the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
7. Tnsl1rnn"p.. The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage ofS1,000,OOO
per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a
manner and form acceptable to the City in the City's sole discretion. Cancellation of the required
insurance shall automatically result in tennination of this Agreement.
8. Tennination. This Agreement may at any time be tenninated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to tenninate the same.
9. Dj""rimination Prohihiten. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided
under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital
status or presence of any sensory, mental or physical handicap.
10. Assignment ann Sl1h".ontTad The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written consent of the City.
11. Entire AETp.p.ment. This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or othenvise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement and \vith the consent of the City Council.
-2-
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12. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City ofTukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
13. AppIicahle T >iW; Venue; Attorney's Fee,. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit, arbitration,
or other proceeding is instituted to enforce any tenn of this Agreement, the parties specifically
understand and agree that venue shall be properly laid in King County, Washington. The prevailing
party in any such action shall be entitled to its attorney's fees and costs of suit.
DATED this _ day of
,2005.
CITY OF TUKWILA
Cmn'RACTOR:
KENYONDISEND, PLLC
Mayor Steve Mullet
By:
Title:
ATIEST/AUTIIENTICATED:
ADDRESS: 11 Front Street South
Issaquah, Washington 98027
(425) 392-7090
Jane E. Cantu, City Clerk
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EXHTRlT A -- SrOPE OF SERVWFS
Contractor agrees to provide a level of service equal to or greater than the level of service
provided by an in-house city attorney office consisting of one city attorney and one assistant city
attorney/prosecutor.
In particular, Contractor agrees to:
1. Provide general city attorney services, which include but are not limited to:
A. Attend regular meetings of the City Council;
B. Attend Executive Sessions and special meetings of the City Council,
Committee of the Whole, Committee meetings, and meetings of City Boards
and Commissions, upon request;
C. Prepare or review ordinances, resolutions, contracts, interlocal agreements,
and other city documents or materials;
D. Practice "preventative la,,?' in the form of regular consultation with staff and
elected officials, and maintenance of between 20 and 25 "office hours" each
week at City Hall, exclusive of prosecutor time;
E. Provide special classes and/or seminars for staff, elected officials, Boards,
and Commissions on issues including, but not limited to, ethics, conflict of
interest, and the appearance of fairness doctrine.
F. Except as set forth in Section 3, defend litigation brought against the City;
G. Defend or initiate administrative hearings involving the City including, but
not limited to, drug forfeiture and seizure hearings, code enforcement, and
similar matters;
H. Such other general city attorney matters as are assigned;
1. Provision of pagers and cellular telephones to all attorneys employed by
Contractor, and a list of such pager and telephone numbers to the City; and
J. Comprehensive Internet and remote access capability, including e-mail,
linking Contractor's office with City Hall.
2. Provide city prosecution senices, which include but are not limited to:
-4-
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K. Review, determine filing decision, and file all Tu1.'wila Police Department
reports involving misdemeanor and gross misdemeanor crimes, and
represent the City on all contested traffic hearings;
L. Regularly consult with and train police department personnel on selected
legal issues, and attend police department administrative staff meetings as
requested;
M. File and defend appeals of municipal court decisions; and
N. Such other city prosecution matters as are assigned.
3. Provide City Attorney services for litigation and contested administrative
proceedings, which include but are not limited to:
O. Initiation and defense of litigation and contested administrative proceedings
on the City's behalf. Contractor shall be compensated for such litigation and
contested administrative proceedings as Separate Matters under paragraph 2
of Exhibit B.
4. Provide Special Services, which include but are not limited to:
P. Other specialized municipal law services; provided, however, that any such
Special Services shall first be authorized by the Mayor, and shall be subject
to paragraph 3 of Exhibit B regarding compensation.
5. Provide paralegal services, which include but are not limited to:
Q. General paralegal support for the City Attorney and for the prosecuting
attorney equivalent to one FTE.
6. It is understood and agreed that the City Attorney shall not provide private legal
services to any employee ofthe City of Tu1..'"i!a during the term oftbis agreement.
- 5-
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F.XHTRIT R -- rmvfPRNS A TTON A'1\JT) MFTHOD OF P A YNffi1\.1T
1. For all general city attorney and city prosecutor services set forth in paragraphs I and 2
of Exhibit A, Contractor shall be paid a flat monthly fee of S31 ,500, plus extraordinary expenses.
Extraordinary expenses shall include court filing fees, deposition and other discovery costs,
parking, mileage costs other than to and ITOm City Hall or other locations within the City, and
other similar expenses advanced by Contractor on City's behalf. Extraordinary expenses shall not
include routine photocopyIng, fax, or long-distance telephone charges.
2. All litigation and administrative proceeding services set forth in paragraph 3 of Exhibit
A shall be considered to be Separate Matters. Contractor shall maintain its current practice of
providing individual monthly billing. statements for each Separate Matter. Separate Matters mean
(a) each individual civil action filed by or against the City, (b) all criminal appeals collectively filed
by or against the City, and (c) all drug or other forfeiture matters collectively filed by or against the
City. Contractor shall include within the monthly flat fee, and shall not otherwise bill the City for,
the first S5,000 expended on any Separate Matter as computed at Contractor's nonnal hourly rates
for 2005. Thereafter, and for each such Separate Matter, Contractor shall be paid its nonnal hourly
rates for 2005 which range between $125 and $195 for attorneys and between $55 and S75 for
paralegals, together with reimbursement for extraordinary expenses, Legal interns shall be billed at
an hourly rate not to exceed $S5.
3. Special Services, if any, shall first be approved by the Mayor and City Council after
negotiation regarding (1) whether additional compensation is fair and equitable for such Special
Services and, if so, (2) the amount and manner of payment (e.g., flat fee, hourly, other) for such
Special Services.
-6-
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„.A N COUNCIL AGENDA SYNOPSIS
Ji e 2 rrn ,,rs ITE1 No. e
I r 1 I Lfea ggDa e Prpnral by 1 Ma;o>'s 7ai:✓ I Caan1 reziew 1
N 2 I 2/14105 i RAB 1 i L' I k k
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ITEM INFORMATION
CAS NUMBER 05-023 !ORIGINAL AGENDA DATE: FEBRUARY 14, 2005
AGENDA ITEM TITLE Professional Services Contract, MJ Durkan. Inc.
CATEGORY Ig Disassicra Maim Radrtaz arlimre Bid As and PtakHezr:ngl O'e-
AfgD..,e2 /14/05 AftgD.ae Aftgurx Anglia AftgDate MgD::e I %foD:tE
SPONSOR Ceara .!faytrr AchnSza DOD p Fimrte Flit Legal ❑PER Pdice PLY/
SPONSOR'S Proposed Contract for Services for 2005 has been reviewed by Finance and Safety
SUB MARY Committee.
REVIEWED BY COW M tg. CA&P Clare F&S Cmre Transportation Cmte
Utilities Crate Arts Comm. Parks Comm. Planning Comm
DATE: 2/7/05
RECOMMENDATIONS:
SPONSOR/ADMIN. Review and forward to Regular Meeting for approval
CDMMII IEE Review and forward to COW
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$$4,000 /month plus expenses
Fund Source: 000.20
Contents:
MTG. DATE RECORD OF COUNCIL ACTION
02/14/05
I I
MTG. DATE! ATTACHMENTS
02/14/05 Memo from Mayor's Office to City Council (W/ proposed contract)
Minutes from 2/7/05 Finance and Safety Committee
City of Tukwila
6200 Southcenter Boulevard' Tukwila, Washington 98188
Steven M Mullet, Mayor
MEMORANDUM
TO: City Council
FROM: Mayor's Office
DATE: February 9,2005
SUBJECT: Contract with M. J. Durkan
Attached for your review is a contract with M. J. Durkan, which was discussed in the
Finance and Safety Committee on Monday, February 7. This contract is substantially the
same as the 2004 contract, with no increase in cost.
Phone: 206-433-/800 . City Hall Fax: 206-433-/833 . Y/Y/Y/.ci.tukWila.l'la.us
DRAFT
Contract For Services
This agreement is entered into by and between the City of Tukwila, Washington,
a non-charter optional municipal code city hereinafter referred to as "the City",
and, MJ Durkan, Inc., hereinafter referred to as "the Contractor" whose principal
office is located at 330 Southwest 43rd Street Plaza, Suite 357, Renton,
Washington 98055.
Whereas, the City has determined the need to have certain services performed
for its citizens but does not have the staff resources or expertise to perform such
services, and
Whereas, the City desires to have the Contractor perform such services pursuant
to certain terms and conditions, now, therefore,
In Consideration of the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
Scope and Schedule of Services to be Performed by Contractor. The Contractor
shall perform those services described on Exhibit A attached hereto and
incorporated herein by this reference as if fully set forth. In performing such
services, the Contractor shall at all times comply with all Federal, State, and local
statutes, rules and ordinances applicable to the performance of such services
and the handling of any funds used in connection therewith. The Contractor shall
request and obtain prior written approval from the City if the scope or schedule is
to be modified in any way.
Compensation and Method of Payment. The City shall pay the Contractor for
services rendered according to the rate and method set forth on Exhibit A (Fees)
attached hereto and incorporated herein by this reference. The total amount to
be paid shall not exceed four thousand dollars ($4,000) plus expenses.
Expenses shall be detailed on each monthly billing and shall not exceed five
hundred dollars ($500) per month without prior approval of the City.
Contractor Budqet. The Contractor shall apply the funds received under this
Agreement within the maximum limits set forth in this Agreement. The
Contractor shall request prior approval from the City whenever the Contractor
desires to amend its budget in any way.
Duration of Aqreement. This Agreement shall be in full force and effect for a
period commencing January 1, 2005 and ending December 31, 2005 unless
sooner terminated under the provisions hereinafter specified.
Independent Contractor. The Contractor and the City agree that the Contractor
is an independent contractor with respect to the services provided pursuant to
Contract for SeNices
MJ Dur'^an
January 2005
Page 2
this Agreement. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither the
Contractor nor any employee of the Contractor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this
Agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State
Industrial Insurance Program, or otherwise assuming the duties of an employer
with respect to the Contractor, or any employee of the Contractor.
Indemnification. The Contractor shall indemnify, defend and hold harmless the
City, its officers, agents and employees, from and against any and all claims,
losses, or liability, including attorney's fees, arising from injury or death to
persons or damage to property occasioned by any act, omission or failure of the
Contractor, its officers, agents and employees, in performing the work required
by this Agreement.
With respect to the performance of this Agreement and as to claims against the
City, its officers, agents and employees, the Contractor expressly waives its
immunity under Title 51 of the Revised Code of Washington, the Industrial
Insurance Act, for injuries to its employees, and agrees that the obligation to
indemnify, defend and hold harmless provided for in this paragraph extends to
any claim brought by or on behalf of any employee of the Contractor. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to
any damage resulting from the sole negligence of the City, its agents and
employees. To the extent any of the damages referenced by this paragraph
were caused by or resulted from the concurrent negligence of the City, its agents
or employees, this obligation to indemnify, defend and hold harmless is valid and
enforceable only to the extent of the negligence of the Contractor, its officers,
agents, and employees.
Insurance. The Contractor shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a
minimum coverage of $500,000.00 per occurrence/aggregate for personal injury
and property damage. Said policy shall name the City of Tukwila as an additional
named insured and shall include a provision prohibiting cancellation or reduction
in the amount of said policy except upon thirty (30) days prior written notice to the
City. Cancellation of the required insurance shall automatically result in
termination of this Agreement. Certificates of coverage shall be delivered to the
City within fifteen (15) days of execution of this Agreement.
Record Keepinq and Reportinq. The Contractor shall maintain accounts and
records, including personnel, property, financial and programmatic records that
sufficiently and properly reflect all direct and indirect costs of any nature
expended and services in the performance of this Agreement. The City shall
Contract for Services
MJ OUr'"an
January 2005
Page 3
maintain these records for a period of seven years after termination hereof
unless permission to destroy them is granted by the office of the archivist in
accordance with RCW Chapter 40.14 and.
Audits and Inspections. The records and documents with respect to all matters
covered by this Agreement shall be subject to inspection, review or audit by law
during the performance of this Agreement.
Termination. The City giving to the Contractor thirty days written notice of the
City's intention to terminate the same may at any time terminate this Agreement.
Failure to provide products on schedule may result in contract termination. If the
Contractor's insurance coverage is canceled for any reason, the City shall have
the right to terminate this Agreement.
Discrimination Prohibited. The Contractor shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the
Contractor to be provided under this Agreement on the basis of race, color,
religion, creed, sex, age, national origin, marital status or presence of any
sensory, mental or physical handicap.
Assiqnment and Subcontract. The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the written
consent of the CitY.
Entire Aqreement. This Agreement contains the entire agreement between the
parties hereto and no other Agreements, oral or otherwise, regarding the subject
matter of this Agreement, shall be deemed to exist or bind nay of the parties
hereto. Either party may request changes in the agreement. Proposed changes,
which are mutually agreed upon, shall be incorporated by written amendments to
this Agreement.
Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 9S1SS
Notices to the Contractor shall be sent to the following address:
MJ Durkan, Inc.
#357
330 SW 43rd St., Suite K
Renton, WA 98055
Contract for Services
MJ Durkan
January 2005
Page 4
Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the
event any suit, arbitration, or proceeding is instituted to enforce any term of this
Agreement, the parties specifically understand and agree that the venue shall be
properly laid in King County, Washington. The prevailing party in any such action
shall be entitled to its attorney's fees and costs of suit.
DATED this
dpy of
CONTRACTOR:
CITY OF TUKWILA
BY:
TITLE
Mayor, Steven M. Mullet
A TTESTfAUTHENTlCA TED:
CITY CLERK, Jane E. Cantu
APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY
BY:
Contract for Services
MJ Dur'~an
January 2005
Page 5
Exhibit A
Scope of Services
The Consultant shall, at the direction of the Tukwila Mayor's Office: 1) work with
Tukwila officials, King County elected officials, and State elected officials to
facilitate the Tukwila Valley South annexation and development. 2) Work with
local, regional and state officials on general matters of interest to the City of
Tukwila. 3) Notify the Tukwila Mayor's Office of emerging issues of importance
to the City.
It is understood that the above-cited tasks are representative of the requirements
associated with achieving the City's objectives and are not necessarily an all-
inclusive description of the Consultant's efforts.
Contract for Services
MJ Durkan
January 2005
Page 6
Exhibit B
Terms of Payment
The consultant will invoice the City for the work completed at the rate of $4,000
per month at the close of each month. Invoices will be paid within twenty (20)
days of receipt. Any extraordinary expenses claimed shall first be approved by
the City of Tukwila before the consultant obligates any funds. Expenses shall be
detailed on each monthly billing and shall not exceed five hundred dollars ($500)
per month without prior approval of the City.
Finance and Safetv
-
~ February 7, 2005
. 4. 1\1J Durkan Contract for Services The contract for Martin Durkan is the same as last year's
ontract, and the costs have remained constant at S4,000/month plus S500 expenses. The scope
of services has changed, however. Last year Jamie was working on Sound Transit issues, and this
year he will work on TVS, in addition to general items of interest and import to the City.
Recommend contract to COW,
5. Contract with Ball Janik. LLP Ball Janik's contract is going up 4.1 %, from S8,500/month
to S8,850Imonth. The scope of services is extensive, and it has been very beneficial for the City
to have Ball Janik's services in Waspington, D.C. Committee members expressed their
appreciation for the firm's work. Recommend contract to CO\V.
6. Additional Fire Prevention Staff Tukwila's Fire Prevention Bureau currently has a fire
marshal, two lieutenant inspectors, a civilian inspector, and a secretary. Nick explained that with
Sound Transit, Westfield Mall, TVS and the JC Penney redevelopment, the small department is
being overwhelmed. Nick is requesting an additional fire inspector, who would be hired from
current staff. The civilian inspector will also be reclassified to be able to do all the plan reviews.
One of the inspectors is due to retire in two years, so it's possible the staff could return to its
current size then if development slows. The Committee asked about the current department
strength. Nick said he would hire two laterals immediately, and a third later to replace the
individual moving into fire prevention. Ofthe two near-tenn hires, one fills the vacancy created
by"an employee currently on military leave and the other will replace a firefighter who is retiring
this summer. Pam asked what the civilian inspector does now, and Nick said he perfonns
"company level inspections", some plan reviews, and some tenant improvement/new
construction inspections. The Committee supported the lateral hires, but asked Nick to show
the cost, where the money comes from, and where the new people would go in the organization.
Recommend to CO\V adding positions to the Fire Department.
7. Above Ground Tank Variance Request Above ground tanks are allowed in the NIIC, LI
and CLl zones. Two requests for variances have been received: one from the King County
Transfer Station in the TVS zone and one from Lewis and Clark Theaters in the RCC on Tukwila
Intemational Boulevard. Nick had visited both sites to evaluation both proposed locations.
Neither location is visible to residential areas. Dennis thought it would be o.k. if there were
enough screening. Committee members wanted more information, including a site map of each
property, the proposed location of the tanks, TMC requirements such as screening, and an
assessment of security risks. Reschedule.
8. Future Committee Issues Dennis asked staff what issues they anticipated tins year. Pam
suggested an infonnation briefmg from the HazMat crew, and that there are probably programs
in the Police Department about which the committee should learn. would be of interest to
Council. Dennis said he had been talking with the City Attorney about the city's animal control
ordinance, which he is interested in strengthening. That ordinance and the City's animal control
contract \vith King County will be one issue. Finance policies are another issue. Kevin will build
on Alan's start on the policies, and he can add to it throughout his first full year here. Dermis was
COUNCIL AGENDA SYNOPSIS
CJ�
14u. kinds ITEM NO.
r :01 cgoRnte 1 Pimnaiby I Afz,crs?aka; 1 Cr= 1 rein,
s 1 2/14/05 1 RAB I I VSt_./
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rsoa I I I I 1,
I I I I I
ITEM INFORMATION
CAS NUMBER 05-024 1 ORIGINAL AGENDA DATE: FEBRUARY 14, 2005
AGENDA ITEYM TITLE Professional Services Contract, Bali Janik LLP
CATEGORY Di;assuar Mdion RadvSt omits w Bid A wnnl Public Honing Other
_'.fgire2 /14/05 MgDae if %Di:e Af %foDate MrgD.a_ AI ?gDue
(SPONSOR Caaxil El kfr AdmSra DCD Frrrrrre Fihe Lega,1 P& R Pdire PW
SPONSOR'S Proposed Contract for Services for 2005 has been reviewed by Finance and Safety
SUM MARY Committee.
REVIEWED BY COW Mtg. CA&P Core F&cS Core Transponarion Cmre
Utilities Croce Acts rnmm Parks Comm. Plante Comm.
DATE: 2/7/05
RECOMMENDATIONS:
SPONSOR/Arns. Review and forward to Regular Meeting for approval
COMLMITIEE Review and forward to COW i
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$8,850 /month plus expense
Fund Source: 000.20
Comments:
MTG. DATE 1 RECORD OF COUNCIL ACTION
02/14/05
I
I
I
MTG. DATE ATTACHMENTS I
02/14/05 Memo from Mayor's Office to City Council (w/ proposed contract) I
Minutes from 2/7/05 Finance and Safety Committee I
I
I
1 I
City of Tukwila
6200 Southcenter Boulevard. Tu!Gvila, Washington 98188
Steven M. Mullet, l'.1ayor
MEMORANDUM
TO: City Council
FROM: Mayor's Office
DATE: February 9,2005
SlJBJECT: Contract with Ball Janik LLP
Attached for your review is a Contract for Services with Ball Janik LLP. This contract
continues the work of Hal Hiemstra and ivlichelle Giguerre on our behalf in Washington,
D.C. The new contract amount of$8,850 per month repre-sents an increase ofS350 or 4.1
percent over the 2004 contract amount.
Irab
Phone: 206-433-1800 . City Hall Fax: 206-433.1833 . Yllwl.ci.tukwila.wa.us
DRAFT
Contract For Services
Ball Janik, L.L.P.
This agreement is entered into by and between the City ofTukwila, Washington, a
noncharter optional municipal code city hereinafter referred to as "the City", and Ball
Janik, LLP, hereinafter referred to as "the Contractor" whose principal office is located at
1455 F Street, NW, Suite 225, Wcashington D.C. 20005
Whereas, the City has determined the need to have certain services performed for its
citizens but does not have the staff resources or expertise to perform such services, and
Whereas, the City desires to have the Contractor perfonn such services pursuant to
certain terms and conditions, now, therefore,
In Consideration of the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
Scope and Schedule of Services to be Perfonned bv Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by
this reference as if fully set forth. In performing such services, the Contractor shall at all
times comply with all Federal, State, and local statues, rules and ordinances applicable to
the perfonnance of such services and the handling of any funds used in cormection
therewith. The Contractor shall request and obtain prior written approval from the city if
the scope or schedule is to be modified in any way.
Compensation and Method ofPavment. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit B attached hereto and
incorporated herein by this reference. The total amount to be paid shall not exceed eight
thousand eight hundred fifty dollars (58,850) per month plus expenses. Expenses shall be
detailed on each monthly billing and shall not exceed one thousand dollars (51,000) per
month without prior approval of the City. The monthly retainer shall be evaluated at the
end of the first full month and each quarter thereafter for appropriateness.
Contractor Budget. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement. The Contractor shall request
prior approval from the City whenever the Contractor desires to amend its budget in any
way
Contract for Services
Ball Janik, L.L.P.
Page 2
Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing January 1, 2005 and ending December 31, 2005 unless sooner terminated
under the provisions hereinafter specified.
Independent Contractor. Contractor and City agree that Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in
this Agreement shall be considered to create the relationship of employer and employee
between the parties hereto. Neither Contractor nor any employee of Contractor shall be
entitled to any benefits accorded City employees by virtue of the services provided under
this Agreement. The City shall not be responsible for \\ithholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Contractor,
or any employee of the Contractor.
Indemnification. The Contractor shall indemnifY, defend and hold harmless the City its
officers, agents and employees, rrom and against any and all claims, losses, or liability,
including attorney's fees, arising rrom injury or death to persons or damage to property
occasioned by any act, omission or failure of the Contractor, its officers, agents and
employees, in perfonning the work required by this Agreement.
With respect to the perfonnance of this Agreement and as to claims against he City, its
officers, agents and employees, the Contractor expressly waives its immunity under Title
51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnifY, defend and hold harmless
provided for in this paragraph extends to any claim brought by or on behalf of any
employee of the Contractor. This waiver is mutually negotiated by the parties. This
paragraph shall not apply to any damage resulting rrom the sole negligence of the City,
its agents and employees. To the extent any of the damages referenced by this paragraph
were caused by or resulted rrom the concurrent negligence of the City, its agents or
employees, this obligation to indemnifY, defend and hold hann1ess is valid and
enforceable only to the extent of the negligence ofthe Contractor, its officers, agents, and
employees.
Insurance. The Contractor shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage ofS500,000.00 per occurrence/aggregate for personal injury and property
damage. Said policy shall name the city of Tu1.'wila as an additional named insured and
shall include a provision prohibiting cancellation or reduction in the amount of said
policy except upon thirty (30) days prior written notice to the City. Cancellation of the
required insurance shall automatically result in termination of this Agreement.
Certificates of coverage as required by Paragraph A above shall be delivered to the City
within fifteen (I 5) days of execution of this Agreement.
Contract for Services
BEll jIDIik, L.L.P_
Page 3
Record Keeping and Reporting. The Contractor shall maintain accounts and records,
including personnel, property, financial and programmatic records that sufficiently and
properly reflect all direct and indirect costs of any nature expended and services in the
performance of this Agreement. These records shall be maintained for a period of seven
years after termination hereof unless permission to destroy them is granted by the office
of the archivist in accordance with RC\V Chapter 4014 and by the City.
Audits and Inspections. The records and documents with respect to all matters covered
by this Agreement shall be subject inspection, review or audit by law during the
perfonnance of this Agreement.
Termination. The City giving to the Contractor thirty days written notice of the City's
intention to tenninate the same may at any time tenninate this Agreement. Failure to
provide products on schedule may result in contract tennination. If the Contractor's
insurance coverage is canceled for any reason, the City shall have the right to terminate
this Agreement.
Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be
provided under this Agreement on the basis of race, color, religion, creed, sex, age,
national origin, marital status or presence of any sensory, mental or physical handicap.
Assignment and Subcontract. The Contractor shall not assign or subcontract any portion
of the services contemplated by this Agreement without the written consent of the City.
Entire Agreement. This Agreement contains the entire agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this
Agreement, shall be deemed to exist or bind nay of the parties hereto. Either party may
request changes in the agreement. Proposed change-s, which are mutually agreed upon,
shall be incorporated by written amendments to this Agreement.
Notices. Notices to the City ofTukwila shall be sent to the following address:
City Clerk
City ofTukwila
6200 Southcenter Blvd
Tukwila, \VA 98188
Contract for Services
Ball Janik, L.L.P.
Page 4
Notices to the Contractor shall be sent to the following address:
Ball Janik, LLP
Michelle E. Giguere
101 SW Main Street, Suite 1100
Portland, OR 97204
Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and
construed in accordance \vith the laws of the State of Washington. In the event any suit,
arbitration, or the proceeding is instituted to enforce any term of this Agreement, the
parties specifically understand and agree that the venue shall be properly laid in King
County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
DATED this
day of
CONTRACTOR:
CITY OF TUKWILA:
BY:
Steven M. Mullet, Mayor,
ATTEST/AUTHEl\'TICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY A TTOR.,'\,'EY:
BY:
Exhibit A
Scope onVork & Specific Services
1. Scope of Work: Ball Janik LLP will provide federal representation and lobbying services for
the City of Tukwila related to securing federal authorization and appropriation for key
projects identified by the City. The scope of work does not include any federal representation
on matters related to LINK light rail at the current time but depending on changing
circumstances it may be appropriate to address LIN'K issues at a different time and can
include work related to Sounder and other matters under SoundTransit's jurisdiction. Ball
Janik LLP will also work with the Washington Congressional delegation to build upon
previous work done with these officials.
Key legislation to be acted on by Congress this session, including reauthorization ofTEA-2l,
possible authorization of a separate rail funding program, and the FY'2005 appropriations
bills, will be evaluated for opportunities to secure special congressional or federal agency
support for Tukwila's goals and to secure additional federal funding for City priorities and
projects.
Ball Janik LLP will provide guidance and assistance to the City regarding opporhmities to
secure federal funding for the Klickitat!Urban Center transportation project and also support
for projects such as: the TOD and regional center project; commuter rail and other station and
related commercial and housing development work at Southcenter; other land acquisition,
transportation enhancement, railroad crossing, and community or commercial development
related projects; the Tukwila Village and Highway 99 redevelopment projects; resource
related projects such as the Green-Duwamish projects; homeland security funding; any
economic stimulus package aimed at local governments; and, other opportunities to assist the
City regarding the impact of major federal legislation.
Projects and priorities can be re-evaluated in the course of the year as Congressional and City
priorities and agendas change and new opporhmities to enhance federal financial support for
City projects are presented. Ball Janik LLP will consult early with City officials to define an
agenda for action and place priorities on projects; coordinate meetings for City officials with
Congressional and Administration officials; report to the City regularly on strategy, next
steps, and implementation of objective-s; provide regular communication, progress reports,
and re<:ommendations for action to the City; and, where appropriate continue to advise the
City with regard to working with other regional and State officials on identified priorities.
2. Specific Services: Ball Janik LLP will be responsible, at a minimum, for the following:
. Inform the City of key timelines for proposed actions
. Identify federal rules, policies, and laws that support the City' goals
. Identify key officials and contacts that the City needs to make and the best time to make
such contacts
. Brief all appropriate congressional and federal officials
Exhibit A - Scope of Work
Sail Janik, L.L.P.
Page 2
. Advise City of key dates in the congressional and administrative calendar that impact its
goals
. Work to continue re-establishing a strong Tukwila relationship and increase support for
Tuhvila's goals with all key members of the Washington congressional delegation.
. Prepare background papers, position papers, project request subcommittee forms, and
briefing materials
. When appropriate, develop legislation, amendments, report language, and budget
recommendations, and move them through the legislative process, attending and working
with the congressional delegation and other Congressional officials at hearings, mark-ups
and House/Senate conferences on legislation
. Assist Members of the congressional delegation with preparation of testimony, questions
for agency officials at hearings, speeches and floor colloquies, drafting amendments and
or committee report language and legislation
. Attend and report on congressional hearings of import
. Advise City of new proposed regulations, programs, or proposed legislation of import
. Specifically monitor, analyze, report on, and make recommendations for initiatives and
project requests for reauthorization ofTEA-2l and related legislation, and the annual
appropriations bills
. Identify and work with the City on other opportunities for federal financial assistance
such as the innovative TIFIA program, the livability grant program, TCSP, reverse
commute and welfare to work programs, small systems transit funding, and other areas
identified by the City.
. obtain appointments for City officials in Washington, D.C., develop schedules,
accompany City officials to meetings, and provide briefing materials for City officials for
their meetings with Congressional officials
. Be the City's "eyes and ears" in Washington
Ball J2IJjk Exh A - Februay 05
Exhibit B
Terms of Payment
Ball Janik, L.L.P. will invoice the City for the work completed at the rate of S8,850 per
month, plus reasonable expanses, not to exceed SI,OOO, at the close of each month.
Invoices will be paid within twenty (20) days ofreceipt. All expenses shall be listed in
an itemized fonnat.
Finance and Safety
February 7,2005
4. MJ Durkan Contract for Services The contract for Martin Durkan is the same as last year's
contract, and the costs have remained constant at 54,ODO/month plus S5DO expenses. The scope
of services has changed, however. Last year Jamie was working on Sound Transit issues, and this
year he will work on TVS, in addition to general items of interest and import to the City.
~ecomrnend contract to CO\V.
5. Contract with Ball Janik. LLP Ball Janik's contract is going up 4.1%, from 58,50D/month
to 58,850/month. The scope of services is extensive, and it has been very beneficial for the City
to have Ball Jani.l(:'s services in Was)1ington, D.C. Committee members expressed their
appreciation for the firm's work. Recommend contract to COW.
6. Additional Fire Prevention Staff Tukwila's Fire Prevention Bureau currently has a fire
marshal, two lieutenant inspectors, a civilian inspector, and a secretary. Nick explained that with
Sound Transit, Westfield Mall, TVS and the JC Penney redevelopment, the sma!! department is
being overwhelmed. Nick is requesting an additional fire inspector, who would be hired from
current staff. The civilian inspector will also be reclassified to be able to do all the plan rel'iews.
One of the inspectors is due to retire in two years, so it's possible the staff could return to its
current size then if development slows. The Committee asked about the current department
strength. Nick said he would hire two laterals immediately, and a third later to replace the
individual moving into fire prevention. Of the two near-term hires, one fills the vacancy created
by an employee currently on military leave and the other will replace a firefighter who is retiring
this summer. Pam asked what the civilian inspector does now, and Nick said he perfonns
"company level inspections", some plan reviews, and some tenant in1provementlnew
construction inspections. The Committee supported the lateral hires, but asked Nick to show
the cost, where the money comes from, and where the new people would go in the organization.
Recommend to CO\V addill(!: positions to the Fire Department.
7. Above Ground Tank Variance Request Above ground tanks are aUowed in the NIIC, Ll
and CLl zones. Two requests for variances have been received: one from the King County
Transfer Station in the TVS zone and one from Lewis and Clark Theaters in the RCC on Tukwila
International Boulevard. Nick had visited both sites to evaluation both proposed locations.
Neither location is visible to residential areas. Dennis thought it would be o.k. if there were
enough screening. Committee members wanted more infonnation, including a site map of each
property, the proposed location of the tanks, TMC requirements sllch as screening, and an
assessment of security risks. Reschedule.
8. Future Committee Issues Dennis asked staff what issues they anticipated this year. Pam
suggested an information briefmg from the HazMat crew, and that there are probably programs
in the Police Department about which the committee should learn. would be of interest to
Council. Dennis said he had been talking with the City Attorney about the city's animal control
ordinance, which he is interested in strengthening. That ordinance and the City's animal control
contract with King County will be one issue. Finance policies are another issue. Kevin will build
on Alan's start on the policies, and he can add to it throughout his first fun year here. Dennis \Vas
· ,M()Ii.thf '.
Holidays
Feb.
21st -
Presidents'
Day (City
offices
closed)
Tentative Agen
" 'Mtg;1':' "Mtg2.>
.,Reg. ,,' ,Cow
7 14
.
SEE AGENDA
PACKET FOR THIS
WEEK'S AGENDA
.
14
March 7
Special Presentation:
Southcenter Mall
expansion update, InmJ
Green, VP ofDevelopmelZt,
WestfiEld Corp., and Dave
Kautz, DevelopmelZt Director,
WestfiEld Corp.
Public Hearing:
Appeal of design review
approval - SC-3 retail
center - 17401 Southcenter
Parkway (rescheduled
from 2/7/05) (quasi-
judicial)
Unfinished Business:
Connectivity
April 4
May 2
3Oth-
NfemonaZ Day
(City offices
closed)
11
9
da Schedule
',Mtg 3--
. Reg.
22 (Tues.)
Appointment Lodging
Tax Advisory Board, MikEl
Hmzsellr representing S~VKC
Ozn11lber of Commerce
New Business: Authorize
Mayor to sign labor
agreement between the
City of Tu1.'wila and
Teamsters fOT the period
of 1/1/05 through
12/31/05
21
18
16
Mtg 4-
cow
28
Special Presentation:
Update onSWKC
Chamber of Commerce
activities... Nan(1) Damon"
Exewnue Director
Special Issues: An
interlocal agreement "with
the Tuk\\iIa School
District regarding human
services
28
25
23
COW Meeting to be
followed by a Special
I\'leeting to approve
vouchers
30
5TH MONTIAY OF THE
MONTI!;
No Council NIeenng
Scheduled
Weekly Mtg. /Community Events February 2005
14 Monday 15 Tuesday 16 Wednesday 17 Thursday 1 18 Fri 19 Sat
Transportation, Community Crime Hot Spots Apt. Mgrs.'
5 Pm Affairs Parks, Task Force, 10 Aar Networking Lunch,
Civil Service 5 Pat Parks Cmsn, NOON Chipper
Cmsn., 5 PM 5:30 PM Domestic Violence Day
Task Force, NOON
Executive
Session, 6:30 PM
City Council
COW, 7 Pat
1 21 Monday 1 22 Tuesday 23 Wednesday- 24- Thursday j 25 Fri 1 26 Sat
Finance Safety, Utilities, 5 PM 1?- }anni ^2- °nacd Sister City
Presidents' Day 5 Pm of Architectural Spaghetti Dinner .I
Court T)eie,.. CANCELLED Silent
City Hall Closed City Council -t
Auction, 5 -8 PM 7 PM at
TCC. Call
Kathy
242 -3138 or
Lucy
433 -1834 for
info!tickets.
`e Court notations are made to alert City of Tukwila employees /citizens of potential parking difficulty only.
>Apartment Managers' Networking Lunch (3rd Thurs), NOON. (bring own lunch). TCC. contact Robbie Bums 206- 242 -8084.
Arts Commission (1st Tues), 5 Pat, TCC, contact Kimberly Matej 206- 767 -2342.
Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM. Foster HS Main Parking Lot. Dispose
of pruningstplant materials from the Longhomed Beetle quarantine area. Drive your truckload of materials to the parking lot and
we'll help unload, chip, and dispose of materials free of charge. Be sure to bring ID wiquarantine area address.
City Council Committee of Whole (COW) Meeting (2nd 4th Mon), 7 PM. Council Chambers.
City Council Regular Meeting (1st 3rd Mon). 7 PM, Council Chambers.
Civil Service Commission (2nd Mon), 5 PM. Conf Rm -3. contact Bev Willison 206433-1844.
>Community Affairs Parks Committee (2nd 4th Tues), 5 PM. Conf Rm -3; 2/15 Mtg.: a) Interlocal agreement with the
Tukwila School District regarding human services; b) Request for annexation- Slryway area; c) Sign code amendment; d) Zoning
code amendment; 4 Land swap; J) Macadam winter garden; gj Fourth quarter /year -end 2004 report.
Community Oriented Policing Citizens Adv. Brd. (COPCAB) (2nd Wed). 6:30 PM. Conf Rm #5.. Marja Murray 206- 433 -7175.
>Crime Hot Spots Task Force (3rd Wed), 10 AM. Conf Rm -5, Marja Murray 206 -433 -7175.
>Domestic Violence Task Force (3rd Th), Noon -I:30 PM. Conf Rm -5. Evie Boykan 206 -433 -7180 or Stacy Hansen 206 -433 -7181.
>Equity Diversity Commission (1st Th), 5:15 PM. Showalter Middle School Library call Lucy Lauterbach 206433 -1834.
Finance Safety Committee (1st 3rd Mon), 5 PM, Conf Rm -3.
>Highway 99 Action Committee (2nd Tues), 7 PM. TCC contact Dave Haynes 206-433-1812.
>Human Services Advisory Board (2nd Fri of odd months only), 10 Am. Human Srvcs Conf Rm. call Evie Boykan 206 -433 -7180.
Human Services Providers, 11:30 AM. TCC. (tentative schedule: 3/18. 6/17. 9/16. 1212), call Stacy Hansen 206433 -7181.
Library Advisory Board (2nd Tues), 7 PM. Foster Library, call Bruce Fletcher 206- 767 -2343 (Steven Schneider, Board President).
Parks Commission (3rd Wed), 5:30 PM. TCC Sr. Game Rm, contact Kimberly Matej 206- 767 -2342.
Planning Commission/Board of Architectural Review (Public Hrg on 4th Th; Nov Dec 2nd Th), 7 Pat. Council Chambers.
contact Wynetta Bivens 206431 -3670.
Sister City Committee (as needed), Conf Rm r3. contact Lucy Lauterbach 206 -433 -1834.
>Transportation Committee (2nd 4th Mon), 5 Pat, 6300 Southcenter Blvd. Conf Rm'I; 2114 Mtg.: a) Level of service standards
for concurrency and impact fees; b) Sound Transit project status; c) Status ofTYS infrastructure proposals; d) Turnover documents
for the junction aka. Bergstranr subdivision; e) 2004four th quarter report.
>Tukwila Government Affairs (SWKCC) (1st Tues), Noon. Chamber Offices, contact Nancy Damon 206- 575 -1633_
>Tukwila Citizen Patrol (4th Mon), 7 Pat. TCC, Everett Parr 206- 762- 9219/Roy Steinauer 206 -243 -9191, Tukcp @hotmail.com.
>Utilities Committee (1st 3rd Tues), 5 PM. 6300 Southcenter Blvd. Conf Rm -1